Magistrate Court denies TN Police custody of publisher Badri Seshadri; grants him bail

The court directed Seshadri to stay in Tiruchy district and appear before the Judicial Magistrate Court at Srirangam until further orders.

Published Aug 01, 2023 | 8:50 PMUpdated Aug 01, 2023 | 8:50 PM

Badri Seshadri gets bail

Refusing to allow publisher Badri Seshadri into police custody, the District Munsif-cum-Judicial Magistrate Court at Kunnam, on Tuesday, 1 August, granted him conditional bail.

District Munsif and Judicial Magistrate Kavitha, who was hearing the petition filed by the Kunnam police seeking three days’ custody of Seshadri, observed that, prima facie, there was no need to send the publisher into police custody.

Following the decision, the Munsif dismissed the petition of the police which had picked him up follwoing a complaint that he had made adverse remarks about the Chief Justice of India DY Chandrachud.

Further, Seshadri filed an application seeking bail, to which the prosecution (the police) objected strongly. However, observing that no heinous crime was committed, the Munsif granted the publisher bail.

The court directed Seshadri to stay in Srirangam in Tiruchy district and appear before Judicial Magistrate Court at Srirangam until further orders.

Also Read: TN police arrest Badri Seshadri for comments against the CJI 

Details of the arrest

Earlier, Seshadri was booked by the Kunnam police under Sections 153 (Wantonly giving provocation with intent to cause riot), 153 A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony), and 505 (1)(b) (with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility) of the Indian Penal Code.

Based on a complaint filed by advocate Kaviyarasu, a team of Kunnam police attached to the Perambalur police reached Chennai and knocked on the doors of the publisher’s house at 5 am on 29 July.

Also Read: Madras Reporters Guild condems arrest of publisher Badri Seshadri

The incident & reactions

On 22 July, in an interview on a YouTube channel, while answering a question regarding the Manipur violence, Seshadri was critical of the judiciary.

Referring to the remarks of Chief Justice DY Chandrachud that the court would interfere in the Manipur issue if the Union government fails to take action, the publisher questioned whether Chandrachud would dare to stand in Manipur wielding a gun.

After his interview, Kaviyarasu, an advocate and resident of Kunnam, lodged a complaint with the local police, stating that Seshadri had not only mocked the Chief Justice of India, but had also defamed the Supreme Court and the judicial system of the country.

Contending that the publisher’s statement amounted to causing enmity between people, Kaviyarasu said that Seshadri was trying to create unrest in society. Hence, he sought action against the publisher for his remarks.

Badri Seshadri is the founder of Kizhakku Pathippagam, a leading publication in Tamil Nadu.

Following his arrest, BJP leaders, historian Ramachandra Guha, Carnatic vocalist and activist TM Krishna, the Madras Reporters’ Guild and others condemned his arrest and demanded his release.

Also Read: Ramachandra Guha writes to CM Stalin to release Badri Seshadri

What Ramachandra Guha said

Sahitya Akademi and Padma Bhushan awardee Ramachandra Guha wrote to Chief Minister MK Stalin to intervene in the arrest of Seshadri and set him free.

In a mail to Stalin, Guha stated that though he does not endorse Seshadri’s political views, his arrest is inconsistent with the principles of natural justice.

Guha said the arrest only brings discredit to the DMK government and to the culture and history of the Tamil people.

“Tamil Nadu has been the cradle of great literature down the ages. In more recent times, influential politicians across party lines have also been acclaimed for their contributions to literature… Given this rich literary and intellectual history, Tamil Nadu should be the last state in the Indian Union to be held guilty of persecuting writers for their political views,” he pointed out.

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