Telangana High Court
Jonnavithula Ramalingeswara Rao vs The State Of Telangana on 21 March, 2025
HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
*****
Criminal Petition No.2358 OF 2020
Between:
Jonnavithula Ramalingeswara Rao ... Petitioner/Accused
And
1. The State of Telangana,
2. Battula Ram Prasad ... Respondents
DATE OF JUDGMENT PRONOUNCED: 20.03.2025
Submitted for approval.
THE HON'BLE SRI JUSTICE K.SURENDER
1 Whether Reporters of Local
newspapers may be allowed to see the Yes/No
Judgments?
2 Whether the copies of judgment may
be marked to Law Reporters/Journals Yes/No
3 Whether Their Ladyship/Lordship
wish to see the fair copy of the Yes/No
Judgment?
__________________
K.SURENDER, J
2
* THE HON'BLE SRI JUSTICE K. SURENDER
+ Criminal Petition No.2358 OF 2020
% Dated 20.03.2025
# Jonnavithula Ramalingeswara Rao ... Petitioner/Accused
And
$ 1. The State of Telangana,
2. Battula Ram Prasad ... Respondents
! Counsel for the Petitioner: Sri Bommineni Vivekananda
^ Counsel for the Respondents: Sri B.Karthik Narayan for R1
Sri Vivekananda Reddy
Assistant Public Prosecutor for R2
>HEAD NOTE:
? Cases referred
3
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.2358 OF 2020
ORDER:
This Criminal Petition is filed by the petitioner/Accused
under Section 482 of the Code of Criminal Procedure, 1973 (for
short 'Cr.P.C.'), to quash the proceedings against him in FIR
No.105 of 2020 on the file of Nampally Police Station, Hyderabad.
The offences alleged against the petitioner are under Section
3(1)(u) of the SC/STs (POA) Act, 1989 and section 7(1)(d) of the
Protection of Civil Right Act, 1955.
2. The petitioner, who is a poet, has approached this Court as
it was alleged that the poem rendered by him promotes
untouchability and instigates non Scheduled Caste people to
practice untouchability.
3. The poem rendered by the petitioner and its English
translation are extracted below:
"ప����నదన� బ్�హ� ��ర�
�న��� �� మ�టమ��
Brahmin traditions which were considered to be useless has
become a crown to the mankind today.
�దస�మ�యన� సం�ప�య���
మరణ�� త�� ం� �ర �మ��
The traditions which were called as stubbornness, being fussy, or
silly, have become a route to avoid death.
త�ల��ద � మన� తత� ం� ధర� ం�
�శ� �న� ప్�ణ��య��
The philosophy and the 'dharma' which was sought to be burnt,
has become a savior to the world.
�ర�� �ర�� �ర�ం�డటన�
�ట� అపమృ�� మం�తమ��
The word 'Distance Distance and Distance' has become the
'mantra' (strong belief of any spiritual power) to avoid accidental
death.
సకల�శ���� �కలమ��
�రత�శ సంస� ృ� �పభల్ �పకటమ��
The procedures of all the countries have failed. The greatness of
Indian culture has been found to be correct.
క�క ఇక�న బ్�హ� �ల్ క���ర�
పరమ���గ���� �బ��డయ� !
So, now Brahmins should open their eyes and should live the
highest order of sacred path.
ఇల� � ��న� ర� �గలదటం�
గర� �గ ��ద� �� �ర� �శ !
Our knowledge should become the defence to this earth, which I
proudly claim."
4. The 2nd respondent, on the basis of the poem, has filed a
complaint alleging that:
"The poem written and read by him contains menace
information, message and direction to people in India to
restore practice of untouchability and follow stipulated rules
of Dharmashastras much like Manu Dharmashastras. He
further proposed in that poem to entire human community of
entire world to practice such above said inhuman practice. I
belong to Scheduled Caste community. His poem caused
grave mental agony to me. His poem aimed to develop
hatred on people like us. ......................................... The
essence of the poem written and read by Mr.Jonnavithula
Ramalingeswara Rao has a malicious intention inciting
hatred on Scheduled Caste community and down trodden
people in India. He deliberately made an attempt to promote
enmity and ill feelings against Scheduled Caste people. His
poem clearly preached upper caste people to practice of
abstaining social relations with Scheduled Castes people. In
order to prevent the spread of COVID-19 the Humble
Governments has directed all the citizens to maintain
distance with each other, which is must, reasonable,
inevitable and it is proposed as a precautionary measure.
But Mr.Jonnavithula Ramalingeswara Rao has written the
said poem informing particular castes to abstain social
relations with particular castes and preached them that the
time has ripened to restore such discriminatory practices.
Any how the words physical/social distance (though these
words not suit to Indian context) using by the Government to
fight the pandemic COVID-19 virus is no way equal to
words of Dharmashastras used for practice of
untouchability in the form of abstaining social relations in
between castes. .......................Through his poem,
Mr.Jonnavithula Ramalingeswara Rao made all efforts and
attempts to give re-birth to the discriminatory caste
practices & untouchability and directed the Brahmins to
bring the same in Indian society....................................
His entire poem abets the Brahmins to restore practices like
untouchability in strict sense as laid in Manu
Dharmashastras. The poem read by him and spread it
visually in social media falls under an act of intentional
insult with intent to humiliate members of a Scheduled
Castes or a Scheduled Tribes within public view. The entire
poem read by Mr.Jonnavithula Ramalingeswara Rao is
aimed to promote feeling of enmity, ill will and hatred
against Scheduled Caste people. His poem informs non-
scheduled castes to practice abstaining of social
relationship with members of scheduled caste nothing short
of an act of imposing of social boycott on members of
Scheduled Castes and Scheduled Tribes.
5. The learned counsel appearing on behalf of the petitioner
would submit that the petitioner is a popular lyricist who writes
poems, songs, and articles in Telugu language. He is a good public
speaker, and is also involved in the analysis of social and political
issues. The poem was rendered during the COVID-19 pandemic
when health organizations and the government were also
promoting social distancing as a measure to control or contain the
spread of the virus.
6. The petitioner, having found similarities between the
practice of 'Madi' followed by traditional Brahmins within the four
walls of their homes as a means of maintaining sanitation and
social distancing, penned the poem. The age-old Brahmin
traditions, passed down through generations, were found to be
relevant in the scenario of the COVID-19 pandemic.
7. The claim of the 2nd respondent that the poem was
deliberately written to promote the practice of untouchability, and
that it not only hurts the sentiments of the Scheduled Castes and
Scheduled Tribes people but also generates enmity among groups,
is entirely based on wild imagination. The poem, in no way, either
preaches untouchability or was written with an intent to insult
Scheduled Caste or Scheduled Tribe caste people.
8. On the other hand, the counsel appearing on behalf of the
respondent/complainant submits that the petitioner has not
denied writing the poem or reciting it on social media. It is argued
that the 'Manusmriti' propagates casteism and refers to Scheduled
Castes and Scheduled Tribes individuals as 'Sudras', which belong
to the 4th varna (caste). Specifically, the 'Manusmriti' promotes
keeping 'sudras' at a distance and endorses untouchability. The
petitioner, who is a poet, with the deliberate intent of promoting
untouchability, rendered the poem, which reflects hatred and ill
will against the members of the Scheduled Castes and Scheduled
Tribes communities and also promotes enmity between the upper-
caste people and Scheduled Castes and Scheduled Tribes groups.
9. It is admitted that the poem was written and recited during
the COVID-19 Pandemic and also in the context of the
Government urging people to maintain social or physical
distancing to contain the spread of the viral infection from one
person to another.
10. The poem must be read in its proper context and the
background in which it was written. The poem should be
considered in its entirety, and individual sentences or 'words'
cannot be isolated and interpreted in a manner that presumes the
intent of the poet to hurt the sentiments of any particular caste or
to reference any specific book, especially 'Manusmriti'. The whole
emphasis of the argument of the counsel for the 2nd respondent is
that the 'Manusmriti' promotes castistm and untouchability. The
main emphasis of the 2nd respondent's contention is on the
recitals of the poem, which refer to a philosophy and dharma that
was sought to be burned but has now become the savior of the
world, and that the word 'distance' has become the 'mantra' to
avoid accidental death.
11. In criminal jurisprudence, the prosecution of a person can
only be based on their acts that constitute an offence as defined or
described in any of the penal provisions, either under the Indian
Penal Code or any other enactment. The prosecution of a person
in a criminal case is a serious matter, and such investigation or
prosecution cannot be on the basis of any inferences drawn by a
particular person when there is no direct reference in the spoken
words. Neither 'Manusmriti' nor any other holy book of the Hindus
is referred to in the poem.
12. The rendition of the poem was in the background of the
restraints put forth by the Government to contain the spread of
the virus. It has to be seen whether the said restrictions imposed
by the Government were used as a shield to make any such
statement which falls within the ingredients of Section 3(1)(u) of
the SCs/STs (PoA) Act.
Section 3(1)(u) of the SCs/STs (POA) Act reads as under:
"3. Punishment for offences of atrocities:- (1) Whoever, not
being a member of a Scheduled Caste or a Scheduled Tribe,
(u) by words either written or spoken or by signs or by
visible representation or otherwise promotes or attempts to
promote feelings of enmity, hatred or ill-will against
members of the Scheduled Castes or the Scheduled Tribes;"
13. It has to be seen whether the poem promotes or attempts to
promote feelings of enmity, hatred, or ill will against the members
of the Scheduled Castes or Scheduled Tribes. Though, there may
not be a direct reference to the Scheduled Caste or Scheduled
Tribe people, however, an understanding by a prudent person with
logic has to be applied to infer the intent of the writer of the poem.
The section requires the intent on part of the person to promote or
make an attempt to promote feelings of enmity against persons
belonging to Scheduled Caste/Scheduled Tribe caste.
14. The Hindus have been following traditions that are
mentioned in the Vedas or Upanishads. The beliefs of the Hindus,
their customs, and moral values have been passed on for
generations over thousands of years. Hindu traditions and
customs can be found in ancient scriptures and philosophical
texts, and these traditions were inherited as an outcome of the
Vedas, Scriptures, and Philosophical texts collectively. Initially,
there were the 4 Vedas-Rigveda, Samaveda, Yajurveda, and
Atharvaveda-which contain hymns, rituals, philosophical
concepts, and practical knowledge later compiled in written form.
The 'Upanishads' are the philosophical extension of the 'Vedas'.
15. The petitioner poet, in his poem, initially referred to the
philosophy and the 'dharma', which were neglected or sought to
be burnt, having become the savior of the world. The word
'distance' has become the 'mantra' to avoid accidental death.
There are several customs and traditions that have been followed
in Hindu households, which prescribe a distance to be
maintained. It may be at the birth of a child, death in the family,
menstruation of women, while performing Pujas in the household
itself, and while cooking food. Such vast and varied customs
required a distance to be maintained.
16. When the poet spoke about the traditions, the inference that
the word 'distance' refers to keeping persons belonging to
Scheduled Caste and Scheduled Tribe at a distance is far-fetched,
and a result of fanciful imagination.
17. Learned Counsel for the respondent heavily relied upon the
division of people into four categories of 'varnas' and the writings
in 'Manusmriti', which refer to maintaining a distance from the
'sudras' community and promote untouchability.
18. The 'Manusmriti' nowhere specifically speaks about
untouchability. Further, 'Manusmriti' is not the only ancient text
that the Brahmins or other Hindus follow. In fact, 'Manusmriti' is
considered a law, however, the poem does not speak about any
ancient laws but rather about philosophy and dharma. Philosophy
is something which has been passed on through the ages and
generations as the outcome of the thoughts and intelligence of
elders. Nowhere in any philosophical text is there a reference to or
promotion of untouchability.
19. The telugu word 'తగలబె ట
్టు' literally means 'to burn'.
However, in colloquial usage, it means to trash something,
consider it as worthless or useless, or throw it away.
20. The argument of the counsel for the respondent that there is
a reference to 'Manusmriti' is misplaced. The laws of 'Manu' are
referred to as 'Manusmriti', an ancient text dating back 2000 to
్ ట
2500 years. In Telugu, 'law' means "చట ం". Philosophy, Dharma,
and Law are not the same, they have completely different
meanings.
21. It is not out of place to refer to Dr.Sarvepalli Radhakrishnan,
former Vice President of India and a renowned scholar, who
described 'Dharma' as signifying religion, the value of life, value
systems, and modes of being and behaving. It signifies both
religion and morality, as well as individual 'Ethos' and collective
culture. In a more restricted and popular sense, dharma means
the duty one has towards oneself, others, and society. 'Dharma' is
an ideal not only for individuals but for society as well. Values
such as truth, beauty, and goodness are to be realized not only at
an individual level but also at a societal level.
22. The word 'tatvam' in Telugu means philosophy or 'vedanta'.
Philosophy/Vedanta comprises Upanishads, Brahma Sutras, and
the Bhagavadgita, which are the standard bearers of Hinduism.
They are the original sources of Hindu beliefs, values, and norms.
Vedanta/philosophy is not a religion to be practiced, but Vedanta
can be considered a religion that is universal and eternal, as
observed by Sri S.Radhakrishnan.
23. Lastly, Dr.B.R.Ambedkar burned the 'Manusmriti'/laws of
Manu in the year 1927, in protest against caste discrimination
and the oppressive ideology 'Manusmriti' represented.
24. As already discussed, the poet does not make any mention of
ancient laws to infer that he was referring to the 'Manusmriti',
which propogates 'varnas' or the caste system.
25. Anything that is said or done can be interpreted in several
ways, both negative and positive. The rendition of the petitioner's
poem was in the background of the impending threat of the viral
infection and the complete closure or 'quarantine' undertaken by
the Government to contain its spread. When there is no direct
reference, and the prosecution is based solely on imagination and
inferences drawn from such imagination, criminal prosecution
cannot continue.
26. Accordingly, Criminal Petition is allowed quashing the
proceedings against the petitioner in FIR No.105 of 2020 on the
file of Nampally Police Station, Hyderabad.
_________________
K.SURENDER, J
Date: 21.03.2025
tk
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.2358 OF 2020
Date: 21.03.2025
tk
