The Madras High Court has criticised the Tamil Nadu Police for “casually” and “mechanically” closing a criminal case concerning a Facebook post that depicted Lord Krishna stealing clothes from gopis, accompanied by vulgar captions in Tamil [P Paramasivan v. Inspector of Police].
Justice K Murali Shankar stressed that depictions of religious figures must be approached with sensitivity, warning that freedom of expression should not extend to intentionally hurting religious sentiments.
"Depicting Hindu Gods in a disrespectful manner, intentionally hurting the sentiments of millions, cannot be justified. Such acts have the potential to cause religious outrage, social disorder, and undermine communal harmony," the Court said in its August 4 order.
The post, made from an account belonging to one Sathish Kumar, included comments suggesting that Krishna Jayanti celebrated a man who stole the clothes of bathing women. The complaint, filed by P Paramasivan, alleged that the post defamed Hindu deities, insulted Hindu women, and could incite communal tensions.
A case was registered, but in February 2025, the police filed a negative final report stating they could not trace the Facebook user. They claimed Meta had refused to share details without a Mutual Legal Assistance Treaty (MLAT) request or letter rogatory. In March, the trial court accepted the report, classifying the case as “undetected” and closing it while granting the complainant liberty to file a private complaint.
Challenging this closure, the complainant approached the High Court in revision. The Court found that the police had not pursued the investigation diligently, limiting their efforts to a single request to Facebook authorities despite personal details being visible on the user’s page.
"The investigation was not pursued diligently, and the final report appears to have been filed mechanically," the Court observed, directing the police to resume the investigation and file a final report within three months.
The Court also noted that the Krishna-gopis episode is traditionally seen as symbolic, representing spiritual detachment, but held that the Facebook post in question had crossed acceptable limits of free speech.
Advocate S Saravanan appeared for the petitioner, while Government Advocate (criminal side) M Aasha represented the State.
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