The Madras High Court rapped actor-politician Kamal Haasan for his Hindu extremist remark on Monday, 20 May, observing that identifying a criminal with a religion, caste or race would definitely sow the seeds of hatred among people.
Granting anticipatory bail to Haasan in a case filed over his controversial remark made at a recent poll rally, Justice R Pugalendhi of the Madurai bench of the high court also said hate speeches had become a common affair of late.
Haasan, the founder of the Makkal Needhi Maiam (MNM), apprehended arrest in the case filed against him over his remark made at Aravakurichi that the first extremist of independent India was a Hindu, a reference to Nathuram Godse who shot dead Mahatma Gandhi.
The case has been filed on a complaint by the Hindu Munnani.
What Did the Judges Observe?
“What was required for the audience, in the election meeting, was constructive solutions for uplifting the common man and not creating hatred,” the judge said in his order.
The country had already witnessed several incidents pursuant to public speeches, he said, adding that innocent people had suffered enough.
The judge regretted that the petitioner was sticking to his stand that what he had stated was in reference to a historical event.
"Even if it is a historical event, if it is not made in a proper context, then it is an offence," Justice Pugalendhi said.
“Whether it is a fundamentalist, terrorist or an extremist, let them not be defined by their religion, race, place of birth, residence and language of a person. A person becomes a criminal by his behaviour and not by his birth.”The Judge said.
Noting that hate speeches had become a common affair, the judge recalled that a woman had sought anticipatory bail from the court in a case for having compared Lord Muruga with a dog.
A few months ago, a leader defined Lord Krishna as a rapist and yet another leader said statues of rationalist "Periyar" E V Ramasamy should be demolished, he said.
The judge also criticised the media for giving importance to this type of hate speeches and debating those for hours.
The Full Quote
“I’m not saying it because this is a Muslim-dominated area. I say this since I stand before the statue of Gandhi. India’s first terrorist was a Hindu. His name was Nathuram Godse. That is where it all started. I am Gandhi’s conceptual great-grandson. I have come to ask questions of that murder. You may take it that way. This is an equal, tolerant India. A good Indian will only wish for equality among the three colours of the tricolour flag. I am a good Indian. And this is my wish. And I say this with pride.”
Kamal Haasan made this remark about Godse while at a rally in Aravakurichi (Karur district); one of the four constituencies that went to polls on 19 May as part of the Tamil Nadu by-elections.
Almost immediately, Twitter exploded with comments slamming Kamal.
Police Case and Kamal’s Reverse Gear
The Aravakurichi police filed a case against him for ‘promoting enmity between different groups on grounds of religion’, and ‘deliberately acting to outrage religious feelings’, under Sections 153A and 295A. It was to avoid being arrested on the basis of this case, that Kamal Haasan approached the court for protection.
By 16 May, the controversial statement had traveled across the country. At a rally in Thiruparankundram – the largest of the four constituencies that went to polls on May 19 – eggs and slippers were thrown at him by two men from the crowd. Later, the police took the two men into custody, to protect them from Makkal Needhi Maiam party workers.
On 17 May, Kamal Haasan’s party Makkal Needhi Maiam that his comments were taken out of context. He also tweeted out an ‘explanation’ and a clarification that the term ‘Hindu’ was coined by the British and that he does not believe Hinduism is a religion.
What’s at Stake?
Kamal Haasan’s party has contested the elections as an independent party. While he did not contest, he has been campaigning for his party extensively, across all constituencies.
The current Assembly elections and by-elections are Kamal Haasan’s first ever polls. It is predicted that his party will not play any role of significance. Nevertheless, a victory in even one constituency would a a step closer to a consolidated position as a politician in TN’s highly volatile political environment. As the DMK and the AIADMK teeter on their last legs, for a chance to grab/retain power, Kamal Haasan’s presence in the eye of the storm – controversial or otherwise – will only prove beneficial.
(With PTI inputs)
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