The Madras High Court on Friday granted interim relief to BJP leader and former Assembly member H Raja by suspending the one-year imprisonment imposed on him by a special court for his derogatory statements against social reformer EV Periyar Ramasamy and DMK leader Kanimozhi.
Justice L Victoria Gowri, hearing two criminal revision petitions filed by Raja, suspended the imprisonment orders issued by the special court in two separate cases until the appeals are resolved. The court allowed Raja to be released on his own bond.
On December 2, the special court convicted H Raja in both cases, sentencing him to six months’ simple imprisonment for each offense, along with a fine of ₹5,000 in each case. The court emphasized that social media cannot be used as a platform to post messages that disturb societal order and public peace.
“The message on Periyar posted on Raja’s social media handle disturbed public peace and tranquility,” the special court judge, G Jayavel, observed. The court found Raja guilty of inciting unrest with his social media posts, which included statements about Periyar and DMK leaders.
In 2018, Raja made derogatory remarks about the late Chief Minister M Karunanidhi and his daughter Kanimozhi on social media, leading to several complaints filed at the Erode Town police station. Based on these complaints, Raja was booked under IPC Sections 153 (provocation with intent to cause riot), 504 (intentional insult to provoke breach of peace), and 509 (word, gesture, or act intended to insult the modesty of a woman).
In another instance, Raja uploaded a post comparing the demolition of Periyar’s statue to the dismantling of Vladimir Lenin’s statue in Tripura following the Left regime’s ouster. The post was deemed likely to provoke violence and disturb public order, leading to additional cases against him.
Raja sought to quash the cases filed against him, but the Madras High Court, on August 29, 2023, refused his plea and transferred the cases to the special court for trial. After being convicted, Raja was granted liberty to appeal the conviction, which he exercised through the criminal revision petitions.
The High Court’s suspension of the jail term comes as interim relief for the BJP leader, who continues to face legal scrutiny over his controversial statements. The suspension will remain in effect until the final disposal of the appeals.