सत्यमेव जयते ! Madras HC quashes yet another FIR against YouTuber Maridhas

New Delhi, December 24: Giving a major blow to the DMK government, the Madras high court quashed yet another FIR registered against YouTuber Maridhas for posting a video making remarks linking a Tablighi Jamaat meeting to the spread of COVID-19.

 

 

It should be noted that earlier, the Madras HC quashed the FIR registered against him by the Madurai police for his controversial tweet in which he highlighted celebratory tweets on the death of Chief of the Defence Staff General Bipin Rawat. The judge also made some scathing remarks on the frivolous nature of the FIR.

 

On December 15, Melapalayam police again booked Maridhas based on a complaint lodged by the Islamist outfit Tamil Nadu Muslim Munnetra Kazhagam.

 

During this case hearing, Justice G R Swaminathan observed that a careful reading of the written text of the video indicates that the petitioner felt alarmed by the incident. This court can take judicial notice of the fact that the incident came under bitter and sharp criticism in the entire media, during the early days when the pandemic struck. Therefore, a slightly exaggerated comment can also be accepted.

 

 

"Criticism of an organisation cannot be taken as a criticism of a community. Tablighi Jamaat cannot be equated with Islam. It is a religious organisation professing particular goals. No one can deny that Tablighi Jamaat came under severe and harsh criticism for its reckless and irresponsible conduct during March 2020", Justice G.R. Swaminathan noted.

 

The judge observed that in no part of his speech in the video, the petitioner had questioned the religious belief of Muslims. His attack is only on the irresponsible conduct of the attendees of the congregation. The judge further noted that a sharp criticism against an organisation would not attract the ingredients of offences mentioned in the FIR. Hence, the judge held that the registration of FIR itself was illegal and quashed it.

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