Vanniyar Sangam has filed the private complaint against Surya & others to prosecute them under Sections 153, 153A(1), 499, 500, 503, 504 and 505 of Indian Penal Code.
To prosecute a person under Sections 153 & 153A (1), the previous sanction of the State or 1/n
To prosecute a person under Sections 153 & 153A (1), the previous sanction of the State or 1/n
Central government is mandatory & the Vanniyar Sangam has not been accorded any sanction by the government.
Regarding defamation clauses 499 & 500 IPC, only the affected individual can launch defamatory proceedings. 2/n
Regarding defamation clauses 499 & 500 IPC, only the affected individual can launch defamatory proceedings. 2/n
As per the plaint, it is claimed that Vanniyar community as a whole is offended. A group cannot prosecute for defamation
In G.Narasimhan Vs. TV. Chokkappa, SC has clearly held that no magistrate can take cognisance of the offence except upon a complaint filed by 3/n
In G.Narasimhan Vs. TV. Chokkappa, SC has clearly held that no magistrate can take cognisance of the offence except upon a complaint filed by 3/n
some persons aggrieved of such offence. In #JaiBhim case, Vanniyar Sangam is not an individual and they cannot prosecute as a group.
Regarding 503, 504 and 505 of IPC, 503 speaks about criminal intimidation to ‘a person’. Here too Vanniyar Sangam’s case falls flat. 4/n
Regarding 503, 504 and 505 of IPC, 503 speaks about criminal intimidation to ‘a person’. Here too Vanniyar Sangam’s case falls flat. 4/n
Section 504 deals with the offence of ‘Intentional insult with intent to provoke breach of the peace’. By no stretch of imagination, it is proved that a move was made with an intention to breach peace, as it has already been certified by the CBFC.
5/n
5/n
Regarding 505, the section says, “Whoever makes, publishes or circulates any statement, rumour or report with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community”
6/n
6/n
By no stretch of imagination, portrayal of a Akkini Satti calendar in a 15 second shot in a movie has the intent to incite a particular community to community to commit against another community.
7/n
7/n
Further, similar to 153 & 1531(A), prosecution under Section 505 too requires sanction from either central or state government, which the Vanniyar Sangam doesn’t possess.
Any Magistrate with basic knowledge in law will throw away the petition of Vanniyar Sangam 8/n
Any Magistrate with basic knowledge in law will throw away the petition of Vanniyar Sangam 8/n
in limine without wasting time.
Such half baked and ill-conceived petitions filed by Vanniyar Sangam shows their desperation to milk the #JaiBhim producers for money and gain publicity. 9/9
Such half baked and ill-conceived petitions filed by Vanniyar Sangam shows their desperation to milk the #JaiBhim producers for money and gain publicity. 9/9
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