Chennai: In the present-day scenario, with India as a nation, unified in heart and soul, if anyone speaks about dividing Tamil Nadu into a separate nation, they will certainly be considered as having mental health issues, Madras high court has said.Justice D Bharatha Chakravarthy made the observation while quashing a criminal registered under Section 124 (A) (sedition) of IPC against Keera alias Moorthi and Thamil Bala publishers of a book titled ‘Tamil Desia Thalaivar Tamilarasanin Vaazhvum Aramum’ released in 2014.The book recorded that, in 1967, Tamilarasan proclaimed in Coimbatore that Tamil Nadu should be a separate nation and to divide and secede guerilla warfare should be adopted. This prompted the police to register a criminal case of sedition against the publishers.Relying on a Supreme Court order in S G Vombatkere case, the petitioners submitted that the apex court has held that the rigors of Section 124 (A) of IPC was not in tune with the current social milieu and a mere statement would not entitle the police to file a charge under Section 124 (A) of IPC.Recording the submissions, the court said, “The gravamen of the offence of sedition is, by way of written or visible representation, bring into hatred, contempt, or exciting or attempting to excite disaffection towards the government established by law.”It is in this context that the Supreme Court held that the acts must be considered in the light of the current social milieu and the times in which we are living. It will be true that during the days of Tamilarasan in 1967, when he formed the Tamil Liberation Front, such a speech or publication would have incited hatred or contempt against govt of India, the court said.“But in today’s scenario, India as a nation, is unified by heart and soul. If any person speaks about dividing Tamil Nadu into a separate nation, the person will certainly be referred to as having mental health issues and it will not excite any hatred at all among the common public. At best, it will cause annoyance and therefore, in the present social milieu, the mere publication of that sentence cannot be considered as inciting hatred against the nation,” the judge added.
