Chennai: Madras high court has advised state govt to not invoke the penal clause pertaining to provocation with intent to cause riot while booking cases regarding social media posts on individuals, saying only defamation suits can be filed on such incidents.Justice Bharata Chakravarthy ordered notice to police on Thursday while admitting the petition moved by Vionth Suriya Kumar, of Saidapet, who was arrested by Chennai police for defamatory posts against HR&CE minister S Ramesh and linking him with the fraudulent registration of temple land in Palani. While booking him, police invoked Sections 192 (wantonly giving provocation with intent to cause riot), 353(1)(b) and 353(2) (statements conducing to public mischief) of BNS, 2023.The petitioner, praying the quashing of FIR registered by cyber crime wing based on a complaint of S Muthuraman, junior PA of the minister, said the impugned posts were made in the context of a genuine and ongoing public controversy involving land belonging to the Arulmigu Dhandayuthapani Swamy temple in Palani. “Reference to a minister in his official capacity in the context of departmental functions and temple property (which the department administers) does not constitute defamation of the individual,“ the counsel for the petitioner submitted. Recording the same, the judge posted the matter for hearing on Aug 5.
