Overview
- Justice S. Srimathy set aside the 2023 Tiruchi police case against the BJP leader over his social-media response to a minister’s speech.
- The FIR followed Malviya’s X post after Udhayanidhi Stalin compared Sanatana Dharma to diseases and said it should be eradicated, with charges under IPC sections including 153, 153A and 505(1)(b).
- The court’s analysis of the Tamil term “ozhippu” held that calling to abolish a religion implies elimination of its followers, amounting to genocide, religicide or culturicide.
- The judge said Malviya neither urged agitation nor promoted enmity, noting absence of mens rea and ruling that his post did not meet the ingredients of the offences alleged.
- Flagging selective action, the court criticised political colour in the investigating officer’s affidavit and noted that cases against the minister’s remarks are pending in other jurisdictions.