SC stays criminal proceedings against Tamil Nadu BJP chief K Annamalai in 'hate speech' case

New Delhi: The Supreme Court on Monday stayed criminal proceedings initiated against Tamil Nadu BJP chief and former IPS officer K Annamalai for alleged hate speech, following his remarks on the role of Christian missionaries in the firecrackers ban.

A bench comprising Justices Sanjiv Khanna and Dipankar Datta issued notice to the complainant and the state government after hearing senior advocate Sidharth Luthra and advocate J Sai Deepak on behalf of the petitioner leader.

The counsel presented the transcript of the petitioner's interview, arguing that there was no hate speech involved.

The bench sought a response from the state government and the complainant, Piyush Manush, stating that Annamalai’s remarks, prima facie, do not constitute an offence under Section 153A of the Indian Penal Code.

"Issue notice returnable in the week commencing on April 29. In the meantime, there will be a stay on the proceedings before the trial court," the bench said.

The BJP leader challenged the February 8, 2024 order by the Madras High Court, which had refused to quash the criminal case filed against him. The case was based on his alleged claim that a Christian missionary NGO was the first to file a case before the Supreme Court seeking a ban on the bursting of crackers during Diwali.

The petitioner claimed the High Court had failed to consider that the speech was made over 400 days ago.

The complaint filed by Piyush Manush alleged that Annamalai made the false claim during an interview given to a YouTube channel on October 22, 2022, just two days before the festival that year. He further claimed that the video of the interview was widely shared on social media.

The complaint asserted that the statement was aimed at inciting enmity against Christians.

“Prima facie, the statements disclose a divisive intent on the part of the petitioner to project as if a Christian NGO is acting against Hindu culture. The intent can be gathered from the fact that the statements were made two days before the Diwali festival," the HC had said, refusing to quash the proceedings pending before a Salem court.