Madras High Court dismisses anticipatory bail plea of actor Kasthuri

Chennai: Dismissing the anticipatory bail filed by actor Kasthuri in connection with a case over her derogatory remarks on Telugu-speaking people in Tamil Nadu, the Madras High Court on Thursday concluded that statements of the actor “hovers around hate speech” and asked public personalities to be more responsible in their words.

Justice N Anand Venkatesh of the Madurai Bench also came down heavily on Kasthuri for her comments made at an event demanding “legal protection” for Brahmins amid “rising hate speech” against the community in the state on November 3.

He said Kasthuri’s remarks can act like a ticking bomb, which will wait to burst at the appropriate point of time by creating violence as among the Tamil and Telugu speaking people.

“A speaker must always think twice before addressing such issues in the public platform and particularly, in the social media era since what is said becomes a permanent record…The petitioner probably was able to get the applause when she made this speech but what she had spoken had actually, affected the sentiments of the Telugu speaking people,” he wrote.

At the meeting, Kasthuri made derogatory comments on Telugu-speaking people settled in Tamil Nadu while trying to take a dig at DMK ministers with Telugu lineage.

Kasthuri, who was booked by the Madurai Police under various sections of the BNS that deals with intent to cause riot, approached the High Court seeking bail in case she gets arrested by the police.

Dwelling into the case, the judge said though the complaint states that the speech was directed against the womenfolk of the Telugu community, on carefully listening to the speech, it is seen that the entire Telugu speaking people have been demeaned.

“In a diverse country like ours, there must be zero tolerance whenever such speech is made by demeaning or insulting particular group of people based on their language,” he said, adding that the “apology” issued by Kasthuri only attempted to justify her speech.

The judge opined that courts must be more stringent when such demeaning statements are made by such persons since they are setting a bad role

model for others to follow and tore into Kasthuri, who called herself educated and a public spirited person.

“…but what has fallen out of the mouth of the petitioner is highly pejorative…A message must be sent to all concerned that such fissiparous tendencies while making speeches will not be tolerated. Only if that is done, such recurrence can be prevented in future and people will think twice before making such reckless statements,” justice Venkatesh added.

The judge also said a strong message must be sent by the court to the effect that whenever such “scurrilous and derogatory statements” are made by any person bordering hate speech and thereafter he is caught and prosecuted in accordance with law, tendering apology as a matter of course to escape the consequence cannot be entertained.

“If it is handled with kid gloves, anyone will make such reckless statements and tender an apology to escape the consequence. One has to own up the responsibility. Everyone must be more conscious while uttering a word from a public platform and must necessarily face the consequence if irresponsible statements bordering hate speech are made,” he added.