Ambika Bhardwaj
Published On: December 24, 2021
Madras High Court (Madurai Bench) again dismissed another FIR filed against YouTuber Maridhas for his YouTube video condemning the Tablighi Jamaat conference in March 2020 throughout the first wave of COVID.
A Single-Judge bench led by Justice G.R. Swaminathan found that the Prosecution failed to prove any of the elements of the Alleged Offences in the FIR. The Court stated that, Maridhas was simply expressing his views as a public commentator about an occasion that was unquestionably characterised as a ‘Super Spreader’ in the clip he posted to his YouTube Channel.
The Court also stated that, the Petitioner was entitled to protection under Article 19(1) while making the relevant remarks. He depended solely on public-domain news sources to learn about the congregation.
The Court then went on to seriously evaluate Maridhas’ behaviour while expressing his opinion in the YouTube video. As per the court, Maridhas “Never targeted Islam or Muslim religious beliefs as a class.” in relation to the offence under Section 295A of the Indian Penal Code.
The Court stated that there are formed reports about Tablighi Jamaat’s ‘Puritanical and revivalistic project’ that ‘Prepares the ground for Islamic radicalisation.‘
Furthermore, Court stated that, the Saudi Government has designated Jamaat as a Terror organization. Using Ramji Lal Modi vs. State of U.P. AIR 1957 SC 620 as precedent, the Court concluded that, Section 295A cannot be activated for any act or attempt to insult a class of citizen’s Religion or Religious beliefs.