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Justice Swaminathan of Madras High Court while quashing an FIR against the CPI(ML) leader Mathivanan remarked that “the correlative right to be funny can be mined in Article 19 (1) (a) of the Constitution of India.”
While listing out fundamental duties from the Constitution, the Court said,
"To this, the hypothetical author would have added one more fundamental duty - duty to laugh. The correlative right to be funny can be mined in Article 19 (1) (a) of the Constitution of India (the use of crypto vocabulary to be forgiven). Being funny is one thing and poking fun at another is different altogether."
Court was referring to an FIR filed against Mathivananan for posting a picture with a caption: “Trip to Sirumalai for shooting practice,” on his Facebook page while he had gone on a sightseeing trip with his daughter and son-in-law to Sirumalai hills. Court said that the petitioner herein is an important office-bearer of a "not-so-important political party".
"CPI (ML) is now an over-ground organization which contests elections also. Paper warriors are also entitled to fantasise that they are swadeshi Che Guevaras."
The judgment notes that Vadipatty Police thought Mathivanan was making preparations to wage war against the State.
The police registered a case against him for the offences under Sections 120B, 122, 505(1)(b) and 507 of IPC. They subsequently arrested him and produced him before the jurisdictional magistrate for remanding him to custody. The Magistrate however refused the remand as sought for by the police.
The judge, while appreciating the Magistrate for not allowing remand noted, “I wish other magistrates in the State of Tamil Nadu act likewise. Remand can never be made for the asking. The police and the prosecution will seek remand in every case. It is for the magistrate to satisfy herself that the arrestee deserves to be remanded.”
The judgment further notes that except giving the title mentioned to the photographs taken on the occasion of his trip to Sirumalai hills, Mathivanan has done nothing else. While mentioning that Mathivanan is aged 62 years and his daughter was standing next to him in the photographs. According to the judgment, no weapon or proscribed material was recovered from the Mathivanan.
While quashing the FIR, the court hinges upon the relativity of humour which varies from place to place, region to region. In doing so, he says that what may be funny in Norther India, may not be in the south and so on.
The single Judge bench explains: “Laugh at what?” is a serious question. This is because we have holy cows grazing all over from Varanasi to Vadipatty. One dare not poke fun at them.”
"A real cow, even if terribly underfed and emaciated, shall be holy in Yogi's terrain. In West Bengal, Tagore is such an iconic figure that Khushwant Singh learnt the lesson at some cost. Coming to my own Tamil Desh, the all-time iconoclast “Periyar” Shri.E.V.Ramasamy is a super-holy cow. In today's Kerala, Marx and Lenin are beyond the bounds of criticism or satire. Chhatrapati Shivaji and Veer Savarkar enjoy a similar immunity in Maharashtra. But all over India, there is one ultimate holy cow and that is “national security”
Justice Swaminathan concluded the judgment mentioning that the very registration of the FIR is absurd and is an abuse of legal process.
Case title: Mathivanan Vs Inspector of Police
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