Madras HC calls for records from special court in S Ve Shekhar case

CHENNAI: The Madras High Court reserved the orders on the criminal revision petition moved by former member of assembly S Ve Sheker challenging the conviction imposed by the special court in a case against him for a defamatory and sexist social media post against women journalists.

Justice P Velmurugan adjourned the criminal revision petition to Friday and also called for the records, regarding the case, from the special court.

The counsel appearing for Shekher submitted that the special court made a fallacy by accepting digital evidence without the certification of section 65B (4) of the Indian Evidence Act.

As per the act, without obtaining certification for the digital evidence no accused can be convicted, said the counsel, adding that the same was also held by the Supreme Court in various judgments.

It was submitted that the defamatory post was created by Thirumalai Sadagopan, a resident of the United States of America. Shekher had shared the post on his social media handle without knowing its contents, said the counsel.

Shekher, on knowing the gravity of his action, removed the post from the social media platform within one hour and also tendered an unconditional apology, submitted the counsel.

The judge wondered as the accused accepted the offence of sharing the defamatory statement, why the need for compliance with section 65B (4) of the Indian Evidence Act arises.

Further, the judge directed the registry of the high court to get the records of the special court regarding the case and adjourned the matter for orders.

In 2018, the Tamil Nadu Journalist Protection and Welfare Association filed a complaint alleging that Shekher had shared a post containing sexist and abusive narratives against women journalists in general.

However, Shekher explained that he shared the post without knowing the content of the post. He said he removed the post after realizing its content and tendered an unconditional apology.

On February 19, the special court for hearing cases related to MPs/MLA, Chennai, convicted S Ve Shekher for a simple imprisonment of 1 month and imposed a Rs 15,000 fine as the court found him guilty under section 504 and 509, of IPC and section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.