In a recent ruling, the Supreme Court has declined to quash FIRs against two members of the Tamil Nadu Thowheed Jamath, who were accused of making objectionable remarks in praise of Parliament attack convict Afzal Guru, among other contentious comments. The apex court’s bench, comprising Justices Vikram Nath and Sandeep Mehta, ruled against quashing the FIRs lodged in Karnataka and Tamil Nadu, opting instead to club them for a joint trial.
The individuals in question, Rahamathulla and Jamal Mohammed, were implicated for their speeches at a rally held on March 17, 2022, in Madurai, which the court found contained “highly objectionable” content. Their commentary included remarks on various religious practices and figures, which the bench deemed as promoting enmity between different groups and inciting offences.
During the rally, the duo praised Afzal Guru and critiqued the Ayodhya Ram Temple judgment, among other controversial topics. The speeches were said to have incited divisiveness based on religion and were met with immediate legal action, with FIRs registered in Madurai, Thanjavur, and Bengaluru shortly after the event.
The counsel for the accused argued that multiple FIRs on the same allegations amounted to double jeopardy and violated constitutional rights. However, the court noted that each FIR was lodged based on complaints from individuals in different locales, thus justifying separate filings.
The Supreme Court acknowledged the potential for “serious anomaly” and conflicting decisions due to multiple prosecutions in different jurisdictions. Nevertheless, it held that the nature of the speeches warranted a consolidated trial to ensure justice effectively. Consequently, using its plenary powers under Article 142 of the Constitution, the Court directed that the FIRs from Bengaluru and Thanjavur be transferred to Madurai, where all three will be clubbed for a single trial.
