Madras HC dismisses TN BJP leader's plea against police summons in controversial speech case

Chennai, June 23 The Madras High Court on Monday dismissed a petition filed by BJP leader H. Raja seeking to quash a police notice summoning him for an inquiry into a controversial speech delivered during a Hindu Munnani demonstration earlier this year in Madurai.

Justice P. Velmurugan refused to entertain the plea at the admission stage, stating that an individual summoned for inquiry under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) has no legal authority to challenge such a notice.

The judge directed H. Raja to appear before the investigating officer and extend full cooperation to the ongoing investigation.

The case stems from a protest held on February 4 at the Pazhanganatham junction in Madurai, where Raja addressed a gathering organised by Hindu Munnani. The demonstration was staged against the alleged encroachment of the Tirupparankundram hillock, which houses the Subramaniaswamy Temple -- one of the six sacred abodes (Arupadaiveedu) of Lord Murugan.

The controversy erupted after allegations surfaced that a dargah had been constructed illegally atop the hill.

Following the event, the Madurai City Police registered a First Information Report (FIR) against Raja, citing offences under various provisions of the Bharatiya Nyaya Sanhita (BNS), including Section 192 (provocation with intent to cause riot), Section 196 (promoting enmity between groups on religious grounds), and Section 352 (intentional insult with intent to provoke breach of peace).

Subsequently, the Inspector of the Subramaniapuram police station issued a notice to Raja under Section 35 of the BNSS, summoning him for inquiry and directing him to comply with ten specific conditions.

These included refraining from committing further offences, not tampering with evidence, and appearing before the court as required.

The notice also warned of potential arrest if he failed to adhere to the conditions. The BJP leader, in his petition, argued that the police had overstepped their authority by imposing conditions typically reserved for judicial magistrates.

Though the petition was originally filed before the Madurai Bench of the High Court, it was later transferred to Chennai, where Justice Velmurugan, who handles cases involving sitting and former MPs and MLAs, heard the matter. Rejecting the plea, the court underscored the investigative authority of the police and emphasised that summons issued for inquiry could not be treated as judicial orders open to challenge.

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