MDMK general secretary Vaiko’s speech castigating the Indian government for allegedly supporting the Sri Lankan government in its military campaign against the LTTE was made “with the intention to cause hatred, contempt and disaffection towards the government,” a special court which convicted him for sedition said on Friday.
Judge J. Shanthi rejected the defence argument that Mr. Vaiko’s remarks did not amount to sedition. “If the comments are of such a nature which excites or attempts to excite hatred, contempt or disaffection, [they] would certainly attract Sec.124A of IPC,” the court said. She referred to the allegations in Mr. Vaiko’s speech holding the Indian government responsible for the death of key militants Dileepan, Kumarappa, Pulendran and 12 other LTTE cadre.
“So, the persons who hear the speech would definitely develop hatred against the Indian Government and also develop vengeance against each other. Mere advocacy alone, which is likely to incite, is the essence of the crime. So, the accused is liable to be punished for the offence under Section 124-A of the IPC,” the judge also observed. “From the evidence of all the witnesses, the prosecution has proved charge made against the accused beyond all reasonable doubt and established the guilt of the accused.” Even though the book launch function was held in July 2009, the Thousand Lights police in Chennai registered a case only on December 9 that year.
The police invoked Section-124(A)(Sedition) and 153(A) (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language) of the IPC.
A year later, the police filed a chargesheet against Mr. Vaiko in the 14th Metropolitan Magistrate Court, Egmore. However, at the time of framing of charges, the court declined to charge him under Section 153A and sent him up for trial only for the sole offence of sedition.
‘What I spoke is not sedition’
After MDMK general secretary Vaiko was sentenced to one-year imprisonment in a sedition case here on Friday, he objected to an observation that he had sought “lenient punishment”.
He told the court: “Give me maximum punishment. Unless there is venom in the judge’s mind, such atrocious words would not have been included in the judgment.”
Following his objection, the judge struck down those words and suspended the sentence, to enable him file an appeal within a month. Talking to reporters outside the court premises after the sentencing, Mr. Vaiko said: “What I spoke is not sedition, but if it is sedition, I will continue to commit it.”
