The Hindu : HC won't quash sedition case against Nedumaran

Online edition of India's National Newspaper
Friday, Mar 28, 2003

Southern States

Southern States - Tamil Nadu

HC won't quash sedition case against Nedumaran

By Our Staff Reporter

CHENNAI MARCH 27. The Madras High Court today dismissed a plea by the Tamilar Desiya Iyakkam leader, P. Nedumaran, to quash trial proceedings in a 1992 case registered against him by the Sempatti police in Dindigul district.

Mr. Nedumaran has been charged with sedition and making an `objectionable' speech intended to incite hatred among different communities at a meeting at Vannampatti on June 11, 1992. While the first information report was registered about six months later, on December 20, 1992, the charge sheet was filed in January 1994. After his arrest under the Prevention of Terrorism Act on August 1, 2002, he has been lodged in the Cuddalore prison.

Claiming that the speech did not constitute an offence under Section 124 A and Section 153 of IPC, Mr. Nedumaran said there was no reasonable explanation for the `inordinate delay' in lodging the FIR. If the proceedings were allowed to go on, he would not be able to get witnesses to testify the actual text of his speech. Mere strong comments against government inaction would not constitute sedition, he contended.

Justice M. Chockalingam, rejecting the submission, said a perusal of the FIR would make it abundantly clear that the allegations, if proved, would naturally attract the provisions of Sections 124A and 153A. "The available material goes to show that the ingredients of the provisions are clearly disclosed. There is no material to show that the FIR is mala fide, frivolous and vexatious".

The contention that there was an inordinate delay in lodging the FIR and because of that Mr. Nedumaran was prejudiced could not be accepted in view of the nature of the offences alleged against him.

"The so-called allegations made against the petitioner warranted full trial, and only then the entire truth will come to light. The court below has to be necessarily allowed to proceed further with the case," the judge said.

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