How can two cases be filed for an offence, Madras HC asks TN govt in C Ve Shanmugam's plea

CHENNAI: The Madras High Court asked the State that how it can register two criminal cases for an offence, in the two petitions moved by former minister C Ve Shanmugam of AIADMK seeking to quash two criminal complaints pending against him for allegedly making abusive and derogatory statements against the Chief Minister and the government.

Justice G Jayachandran reserved the final order after hearing the petitions moved by the former minister seeking to quash the criminal complaints pending against him.

Senior counsel R John Sathyan represented the former minister, submitted that his client's statements are not abusive or derogatory in a motive to incite disharmony to the society as claimed by the State.

Since, he is the former minister and legislator of Villupuram constituency from the opposition party the statement was made to expose the shortcomings of the State, said the counsel.

The former minister's act will not attract the provisions 153 (A), 505, 504 of IPC included by the police in the FIR as his client's statements have not instigated any violence between two groups.

After the submission the judge asked the government prosecutor how the former minister's speech can attract the provision of 153 (A), as he only remarked about the Chief Minister and his government.

The government prosecutor submitted that the petitioner is repeatedly making remarks against the Chief Minister with abusive and derogatory statements.

The case in the hand, the petitioner has made derogatory statements which amount to disturbing the public harmony and instigating violence, said the government advocate.

The judge also wondered how the State can register two criminal cases against the petitioner for an alleged offence and reserved the judgment without mentioning any date.

On February 28, 2022, C Ve Shanmugam held a protest at Villupuram followed by a public meeting condemning the arrest of former minister D Jayakumar.

It was reported that C Ve Shanmugam has made derogatory and abusive statements against the Chief Minister and his government.

Followed by the complaint lodged by the Tahsildar the Villupuram West police booked a case against C Ve Shanmugam on the allegation of unlawful gathering breaching Covid-19 restrictions.

Later, after more than 200 days' delay, DMK advocate wing of Villupuram North lodged a complaint that C Ve Shanmugam had made derogatory comments against the Chief Minister while protesting.

Aggrieved by the registration of two criminal cases the former minister moved two separate petitions seeking to quash the pending cases.