Madras High Court
S.M.Kathiravan vs The Home Secretary on 3 October, 2025
W.P.Crl. No.1001 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2025
CORAM:
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
W.P.Crl. No.1001 of 2025
S.M.Kathiravan ... Petitioner
Vs
1.The Home Secretary
Government of Tamil Nadu
Fort St. George
Chennai - 600 009
2.The Director General of Police
Dr.Radhakrishnan Salai
Mylapore, Chennai - 600 004
3.The Commissioner of Police
No.132, Commissioner Office
EVK Sampath Road, Vepery
Chennai - 600 007 ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India for a
writ of mandamus to take criminal action against Mr.Aadhav Arjuna and others,
in view of the petitioner complaint dated 30.09.2025, in compliance of
judgment of Hon'ble Supreme Court in Writ Petition Civil No.943/2021 in
Ashwini Kumar Upadhyay Vs Union of India and others.
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W.P.Crl. No.1001 of 2025
For Petitioner : Mr.C.Gunasekaran
For Respondents : Mr.J.Ravindran, AAG
Assisted by Mr.S.Santhosh,
Govt. Advocate (Crl. Side) for R1
Mr.Hasan Mohammed Jinnah
State Public Prosecutor
assisted by Mr.A.Damodharan,
Addl. Public Prosecutor for R2 & R3
ORDER
This writ petition has been filed for a direction to the respondents to take
criminal action against Mr.Aadhav Arjuna for his tweet. The said tweet finds
place at page No.17 of the typed set of the papers filed in support of the writ
petition. The same is extracted hereunder:
rhiyapy; ele;J brd;whny
joao///
rK:f tiyjs';fspy; fUj;J
gjptpl;lhny ifJ////
,g;go MSk; th;f;fj;jpd;
motUofshf fhty;Jiw khwp
nghdhy; kPl;rpf;F ,is"h;fspd;
g[ul;rp jhd; xnu tHp/
vg;go ,y';ifapYk;.
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neghsj;jpYk; ,is"h;fSk;.
genz jiyKiwa[k; xd;wha; To
mjpfhuj;jpw;F vjpuhd g[ul;rpia
cUthf;fpf; fhl;odhh;fnsh mnj
nghy ,';Fk; ,is"h;fspd;
vGr;rp epfGk;/
me;j vGr;rpjhd; Ml;rp
khw;wj;jpw;fhd moj;jskhft[k;
mur ga';futhjj;jpw;fhd
Kot[iuahft[k;
,Uf;fg;nghfpwJ/
nga; murhz;lhy; gpze;jpd;Dk;
rh!;jpu';fs;!
2. A plain reading of the said tweet reflects an inflammatory statement to
organise a revolution and the tweet further states that such revolution will
happen soon.
3. No doubt, the person against whom the writ petition has been filed has
his fundamental right to express his views as enshrined under Article 19(1)(a)
of the Constitution of India. At the same time, there are reasonable restrictions
imposed under the Constitution of India.
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4. In the considered view of this court, such a statement made by the said
Aadhav Arjuna is not only an inflammatory statement, but against the
reasonable restrictions, which will affect the sovereignty, security, public order
etc., it is left to the prosecution to assess the gravity and the veracity behind this
tweet and take action.
5. Mr.Hasan Mohammed Jinnah, the learned State Public Prosecutor
submitted that a case has been registered against the said Aadhav Arjuna of
Tamizhaga Vetri Kazhagam in Crime No.47 of 2025 on the file of CCD-I,
Chennai North for an offence under Sections 192, 196(1)(b), 197(1)(d),
353(1)(b) and 353(2) of Bharatiya Nyaya Sanhita (BNS), 2023.
6. Mr.J.Ravindran, the learned Additional Advocate General submitted
that the respondents are taking all necessary steps.
7. Since this court is informed that an FIR has been registered against the
tweet of Mr.Aadhav Arjuna, this court expects the respondent police to take
necessary action based on their investigation.
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8. Recording the same, the writ petition is disposed of. No costs.
03.10.2025
Index : Yes / No
Neutral Citation : Yes / No
Asr
To
1.The Home Secretary
Government of Tamil Nadu
Fort St. George
Chennai - 600 009
2.The Director General of Police
Dr.Radhakrishnan Salai
Mylapore, Chennai - 600 004
3.The Commissioner of Police
No.132, Commissioner Office
EVK Sampath Road, Vepery
Chennai - 600 007
4.The Government Pleader
High Court, Madras
5.The Public Prosecutor
High Court, Madras
N.SENTHILKUMAR, J.
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Asr
03.10.2025
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