Arguments for Bail for Kamal Haasan

Actor-turned-politician, Kamal Haasan, was granted anticipatory bail in the case filed against his remarks at a political speech made by him on May 12 in the Aravakuruchi Constituency. Haasan had then remarked in his speech that Nathuram Godse, assassin of Mahatma Gandhi, was the first Hindu terrorist.

Two days after Haasan’s speech on May 12, a criminal complaint was lodged against Haasan citing Sections 295 and 153A of the Indian Penal Code. Kamal Haasan initially approached the High Court to quash the FIR filed against him. It was rejected on the grounds that such matters could not be taken up by the Court during its vacation. Haasan then filed an anticipatory bail plea before the High Court.

Justice B. Pugalendhi, the Madras High Court judge before whom Haasan had preferred his anticipatory bail plea observed , “A person becomes a criminal by his behavior and not by his birth. Identifying a criminal with a religion, caste or race would definitely develop hatred among the people.”

Justice Pugalendhi also voiced concerned over the way the media highlighted the issue when national elections were on. In the circumstances, the media is expected to exercise caution and show maturity by projecting a celebrity’s speech in the right context that allowed for better social and religious harmony. Justice Pugalendhi observed Haasan had “made certain constructive suggestions to stop the sand mining and to promote certain native based industries.” The Justice further noted that, “The petitioner (Kamal Haasan) before referring to Nathuram Godse had insisted for communal harmony and reiterated that terrorism in general from any religions cannot be accepted. “

Justice Pugalendhi proceeded to grant bail to Kamal Haasan on execution of a bond, stating that, “considering the facts and circumstances of the case, viewing of the speech as a whole and considering the fact that the petitioner is a leader of a registered political party and the election process is still pending, this court is inclined to grant anticipatory bail to the petitioner.”