H. Raja. File | Photo Credit: The Hindu

BJP leader H. Raja appeals to Madras High Court against conviction, six month imprisonment in two criminal cases

A special court for MP/MLA cases had recently convicted him in two different criminal cases

by · The Hindu

Bharatiya Janata Party (BJP) leader H. Raja has filed a couple of criminal appeals before the Madras High Court challenging his conviction as well as six months of simple imprisonment imposed by a trial court in two different criminal cases.

The appeals, along with the sub-applications for suspending the sentences until the disposal of appeals, are expected to be listed before Justice P. Velmurugan who holds the portfolio of hearing cases against sitting as well as former legislators.

After pronouncing its verdict in both the cases, the trial court itself had suspended the sentences for a month to enable the convict to prefer appeal before the High Court in the interregnum and test the correctness of the verdict.

Assistant Sessions Judge G. Jayavel, presiding over an Additional Special Court for cases booked against sitting as well as former MPs and MLAs, had conducted the trial and passed the judgment in the two criminal cases on December 2, 2024.

The first case was related to a tweet reportedly posted by Mr. Raja on his X handle on April 18, 2018 containing offensive remarks with a veiled reference to former Chief Minister M. Karunanidhi and his daughter Kanimozhi who was then a Rajya Sabha member.

The Erode Town Police had registered the case under Sections 153 (provoking people with intent to cause riot), 504 (intentional insult with intent to provoke breach of peace) and 509 (intending to insult modesty of a woman) of the Indian Penal Code.

After conducting a full-fledged trial by examining all witnesses including the complainant P. Selvaraj, a former DMK Minister, the sessions judge found the convict guilty of all three charges but ordered that the sentences shall run concurrently.

“The remarks made by the accused are highly provocative in nature and it is needless to state that such irresponsible comments would invite trouble and provoke violence and thereby cause disturbance to the public peace and tranquility,” the judge had said.

He had also observed: “Such type of venomous message cannot be accepted in the society governed by the rule of law. No rational human being would accept that the message is the reaction of a prudent man.”

Periyar statue case

The second case for which the BJP leader had been convicted and sentenced to six more months of imprisonment was in connection with a March 6, 2018 tweet in support of demolition of rationalist leader Thanthai Periyar’s statues.

Though multiple FIRs had been booked in connection with the tweet, the special court had clubbed them and conducted a combined trial before finding the convict guilty under Sections 153 and 504 of IPC and sentencing him to six months of imprisonment.

“Thanthai Periyar is a well known social reformer and had done a lot for the society and common people. His ideology and preaching had created social awareness in all walks of the society. He has several followers,” the sessions judge had written.

He had also said: “Any comment, intending to degrade Thanthai Periyar cannot be tolerated by the people of Tamil Nadu or at least by his followers and political parties... Definitely, this type of message will provoke the followers of the ideologist.”

Published - December 17, 2024 10:55 am IST