India has “holy cows” grazing from Varanasi in Uttar Pradesh to Vadipatti in Tamil Nadu and one dare not poke enjoyable at them, the Madras High Court has held and mentioned the Constitution would in all probability do with an modification for “duty to laugh.”
All over the nation, nationwide safety occurs to be the “ultimate holy cow,” the Madras High Court Bench noticed. The courtroom’s statement got here whereas quashing a police FIR filed in opposition to an individual for a Facebook submit of images with an accompanying caption “Trip to Sirumalai for shooting practice,” apparently written in a lighter vein.
Justice G R Swaminathan invoked well-known satirists, cartoonists and journalists and mentioned had they authored the judgement, “they would have proposed a momentous amendment to the Constitution of India to incorporate sub-clause (l) in Article 51-A,” which offers with obligation associated to abiding by the Constitution and uphold and defend the sovereignty, unity and integrity of India amongst others. “To this, the hypothetical author would have added one more fundamental duty- duty to laugh. The correlative right to be funny can be mined in Article 19 (1) (a) of the Constitution of India (the use of crypto vocabulary to be forgiven),” the choose mentioned in his current order.
Being humorous is one factor and poking enjoyable at one other is totally different altogether, he added. “Laugh at what? is a serious question. This is because we have holy cows grazing all over from Varanasi to Vadipatty. One dare not poke fun at them. There is however no single catalogue of holy cows. It varies from person to person and from region to region.” “A real cow, even if terribly underfed and emaciated, shall be holy in Yogi’s terrain. In West Bengal, Tagore is such an iconic figure that Khushwant Singh learnt the lesson at some cost. Coming to my own Tamil Desh, the all-time iconoclast “Periyar” Shri E V Ramasamy is a super-holy cow. In today’s Kerala, Marx and Lenin are beyond the bounds of criticism or satire. Chhatrapati Shivaji and Veer Savarkar enjoy a similar immunity in Maharashtra. But all over India, there is one ultimate holy cow and that is national security”, the judge said.
Petitioner Mathivanan, an office-bearer of CPI (ML), had sought quashing the FIR registered by Vadipatti police in Madurai over his Facebook post that carried his pictures of a visit to Siruamalai with the caption in Tamil– “Thuppakki Payirchikaga Sirumalai Payanam,” translating to “Trip to Sirumalai for capturing apply.”
“The petitioner herein is a vital office-bearer of a not-so-important political occasion. CPI (ML) is now an over-ground group which contests elections additionally. Paper warriors are additionally entitled to fantasise that they’re swadeshi Che Guevaras,” the judge said. “Revolutionaries, whether or not actual or phoney, will not be often credited with any sense of humour (or not less than that is the stereotype). For a change, the petitioner tried to be humorous. Perhaps it was his maiden try at humour,” the judge said.
But the police did not “discover it to be a joke” and booked him under different sections of IPC, including collecting arms with intention of waging war against the Government of India and criminal intimidation by an anonymous communication (IPC 507), the judge pointed out.
He said invoking IPC Section 507 “makes me chuckle.” “Section 507 IPC may be invoked provided that the particular person sending the communication had hid his identification. The communication have to be nameless. In this case, the petitioner had posted the images together with the caption in his Facebook web page. He has not hid his identification. There is nothing nameless concerning the act in query,” he said.
In fact, none of the ingredients set out in the sections under which he was booked were present in the case, the court said. “The very registration of the impugned FIR is absurd and an abuse of authorized course of. It stands quashed,” the choose dominated.