TN: BJP functionary sentenced for making derogatory remarks against Muslim community

The Chief Metropolitan Magistrate Court at Egmore, Chennai, convicted Kalyanaraman for derogatory remarks made by him via his social media pages in October 2021.

The case

According to the prosecution, the Chennai Cyber Crime police division registered a case against Kalyanaraman under Sections 153(a) (promoting enmity between different groups) and 505(2) (promoting enmity or ill will) of the Indian Penal Code for posting hate messages against the Muslim community.

There were several other complaints filed against the BJP functionary for making derogatory remarks against late DMK president M Karunanidhi and women journalists.

Based on the complaints, the police arrested Kalyanaraman a couple of times between 2016 and 2021.

The cops also invoked the Tamil Nadu Goondas Act, twice, against him for being a habitual offender and for the intensity of the crime.

Both times, the Madras High Court struck down the Goondas Act invoked against the BJP leader.

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Charges framed 

Meanwhile, the primary case filed by the Cyber Crime Police was heard by the Metropolitan Magistrate Court, where the police filed a chargesheet against him.

During the hearing, the final report was filed against Kalyanaraman for posting 18 messages defaming individuals and instigating communal riots, and the court framed charges against the accused.

After recording the arguments advanced on both sides — the prosecution and defence — Chief Metropolitan Magistrate Girija Rani sentenced Kalyanaraman to 163 days imprisonment under the cyber laws.

However, the magistrate took into account that Kalyanaraman had been in jail since the time the case was taken up for trial, and deemed it as time served. She ordered the police not to arrest him.

என் மீதான வழக்கில் குற்றம் நிரூபிக்கப்பட்டுள்ளதாக வந்துள்ள தீர்ப்பின் மீது மேல் முறையீடு செய்யப்படவுள்ளது என்பதை நண்பர்களுக்கு தெரிவித்துக் கொள்கிறேன். கவலைப்பட ஒன்றுமில்லை.

— Kalyan Raman (மோடியின் குடும்பம்) (@KalyaanBJP_) March 8, 2023

Meanwhile, Kalyanaraman — via his Twitter handle — stated that he would appeal against the sentence.

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