Supreme Court stays proceedings against Tamil Nadu BJP leader K. Annamalai in a hate speech case

On February 26, 2024, the Supreme Court (SC) of India granted temporary relief to Tamil Nadu Bharatiya Janata Party (BJP) leader K. Annamalai as it deferred criminal proceedings against him in a hate speech case. A two-judge bench of the SC comprising Justice Sanjiv Khanna and Justice Dipankar Datta stayed the proceedings stating that “Prima facie there is no hate speech”. The bench was hearing a special leave petition challenging the February 08 order of the Madras High Court refusing to quash the trial court proceedings against K. Annamalai in the hate speech case. During the court proceedings, the BJP leader was represented by Senior Advocate Siddharth Luthra and Advocate J Sai Deepak. After hearing the matter, the SC ordered, “Issue notice returnable in the week commencing on April 29. In the meantime, there will be a stay on the proceedings before the trial court.” 

The matter stemmed from allegations that in a YouTube interview, BJP leader Annamalai stated that a Christian Missionary NGO (Non-Governmental Organization) was the first to file a case seeking a ban on firecrackers before the SC resulting in significant attention and controversy. The complaint was filed by an environmentalist V Piyush expressing concerns that the same could lead to hatred between the communities. The matter was listed before the HC which quashed the proceedings pending before the trial court and said, “Prima facie, the statements disclose a divisive intent on the part of the petitioner to project as if a Christian NGO is acting against Hindu culture. The intent can be gathered from the fact that the statements were made two days before the Diwali festival.”