The Madras High Court delivered a sharp rebuke to former Tamil Nadu minister K Ponmudi on Tuesday, stating that politicians are not kings and do not have unchecked freedom under the Constitution. The court criticised Ponmudi’s derogatory comments about women and Hindu sects, questioning the Tamil Nadu Police’s decision to close over 120 complaints against him without conducting a full investigation.
“Nowadays, all politicians, all persons making public speeches think Article 19 gives them absolute rights… that only sky is the limit. Court cannot simply be a silent spectator. There are reasonable restrictions,” said Justice P Velmurugan.
Ponmudi, a senior DMK leader, was forced to resign from the state cabinet on April 27 after his remarks at a public event sparked outrage. At the event held on April 8, he recited a controversial joke that linked forehead markings of Shaivites and Vaishnavites to sexual positions, including a reference to a sex worker—provoking backlash across religious and women’s rights communities.
The High Court is currently hearing a suo motu case initiated by Justice N Anand Venkatesh, who had earlier termed Ponmudi’s statements as “prima facie hate speech, derogatory to women, and offensive to religious communities.”
Justice Velmurugan on Tuesday expressed disbelief over the police closing all 120+ complaints without a formal FIR. He said,
“…A strong message should go. So many things are being said, as if they (politicians) are the kings of this country. Whatever they say, they think they can do no wrong. The Court cannot watch these things silently.”
Appearing for the state, Advocate General PS Raman informed the court that the police found no offence in Ponmudi’s speech as he had merely repeated an old anecdote. The police therefore closed all complaints.
The judge, however, challenged the legality of this action. “Police cannot decide whether the speech amounts to hate speech without a formal investigation,” Justice Velmurugan said, warning the authorities to inform all original complainants before closing any case.
“If any person comes and says they have not been served with notice before closing, this court will come down heavily,” he added, listing the matter for further hearing on August 1.
Ponmudi, who was removed from his position as DMK deputy general secretary and later dropped from the cabinet, has admitted to making the remarks, but insisted they were based on a well-known public joke.
However, Justice Venkatesh earlier observed:
“These comments spew venom on Hindu sects and demean the moral worth of women,” and noted they may fall under multiple provisions of the Bharatiya Nyaya Sanhita (BNS).
The court’s stance underscores the judiciary’s position that free speech comes with limits, especially when it involves hate speech or gender-based and religious slurs by public figures.