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Madras High Court quashes FIR against student who raised anti-BJP slogan in front of Tamilisai Soundararajan in aircraft

In a significant victory for Lois Sophia, a student pursuing research in Canada, arrested in 2018 for shouting "Fascist BJP Government Down Down" on the flight to Thoothukudi in the presence of Dr Tamilisai Soundararajan, who was then the state president of Tamil Nadu BJP, the Madras High Court has quashed the FIR registered against her.

File photo: Madras High Court
File photo: Madras High Court
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Published : Aug 16, 2023, 8:54 PM IST

Chennai (Tamil Nadu): Granting relief to Lois Sophia, the research scholar, who raised a slogan terming the Union government led by the BJP as fascist onboard a flight and was arrested in September 2018 in the presence of Telangana Governor Tamilisai Soundararajan, who was then the BJP president of Tamil Nadu, the Madurai Bench of Madras High Court has quashed the FIR registered against her.

Nearly five years after her arrest, the High Court on Wednesday also quashed the pending proceedings against the research scholar before a lower court in Thoothukudi (Tuticorin).

Passing orders on a petition filed by Sophia, Justice P Dhanapal observed that the matter – raising slogans - was trivial not constituting any cognisable offence, and quashed the proceedings before the trial court. As per section 155 of CrPC, the police cannot investigate a non-cognisable offence without an order of a magistrate.

Also read: Madras HC adjourns MS Dhoni's contempt plea against retired IPS officer to August 31

Earlier, Additional Government Pleader R M Anbunithi contended that the Thoothukudi police, without jurisdiction, have invoked provisions of the Chennai City Police Act. Other than Chennai, it could be invoked only by the Madurai and Coimbatore police, he submitted.

The case pertains to Sophia shouting “Fascist BJP Government Down Down” onboard a flight to Thoothukudi from Chennai, on sighting Tamilisai Soundararajan. On her visit to her native town on a holiday, she had raised the slogan to register her opposition to the killing of 13 people in police firing on anti-Sterlite protestors.

On landing at the airport, Tamilisai engaged in a verbal duel with Sophia and BJP workers, who had gathered to welcome her also intimidated the researcher. A complaint was also filed against her leading to her arrest. On Tamilisai's elevation as Governor of Telangana, she was discharged from the case and instead, the Thoothukudi Airport Director was included as the respondent.

Feeling vindicated, Sophia took to X site (formerly known as Twitter) to thank all those who stood by her including Tamil Nadu Chief Minister MK Stalin, then in the Opposition. She didn't forget to give the tagline #FascistBJPDownDown.

In the same post, she said, "This was a tough battle to fight. In the immediate aftermath, my sole desire was for my four words to resonate without distraction. I am indebted to everyone who filled that silence, repeated my words and spoke up for my rights including the then Leader of Opposition, honourable Chief Minister Mr Stalin."

"I have been fortunate to mostly escape political persecution and if not for the swift and overwhelming support from the public, journalists, politicians and others in public life, the actions of Dr Tamilisai Soundararajan...and the police against me would have gone unnoticed," Sophia added. She completed the post with these words: “I earnestly wish that we also stand by all victims of political injustice and commit to upholding freedom of speech."

Also read: Telangana Governor orders Chief Secy, DGP to submit report on disrobing of woman in public

Chennai (Tamil Nadu): Granting relief to Lois Sophia, the research scholar, who raised a slogan terming the Union government led by the BJP as fascist onboard a flight and was arrested in September 2018 in the presence of Telangana Governor Tamilisai Soundararajan, who was then the BJP president of Tamil Nadu, the Madurai Bench of Madras High Court has quashed the FIR registered against her.

Nearly five years after her arrest, the High Court on Wednesday also quashed the pending proceedings against the research scholar before a lower court in Thoothukudi (Tuticorin).

Passing orders on a petition filed by Sophia, Justice P Dhanapal observed that the matter – raising slogans - was trivial not constituting any cognisable offence, and quashed the proceedings before the trial court. As per section 155 of CrPC, the police cannot investigate a non-cognisable offence without an order of a magistrate.

Also read: Madras HC adjourns MS Dhoni's contempt plea against retired IPS officer to August 31

Earlier, Additional Government Pleader R M Anbunithi contended that the Thoothukudi police, without jurisdiction, have invoked provisions of the Chennai City Police Act. Other than Chennai, it could be invoked only by the Madurai and Coimbatore police, he submitted.

The case pertains to Sophia shouting “Fascist BJP Government Down Down” onboard a flight to Thoothukudi from Chennai, on sighting Tamilisai Soundararajan. On her visit to her native town on a holiday, she had raised the slogan to register her opposition to the killing of 13 people in police firing on anti-Sterlite protestors.

On landing at the airport, Tamilisai engaged in a verbal duel with Sophia and BJP workers, who had gathered to welcome her also intimidated the researcher. A complaint was also filed against her leading to her arrest. On Tamilisai's elevation as Governor of Telangana, she was discharged from the case and instead, the Thoothukudi Airport Director was included as the respondent.

Feeling vindicated, Sophia took to X site (formerly known as Twitter) to thank all those who stood by her including Tamil Nadu Chief Minister MK Stalin, then in the Opposition. She didn't forget to give the tagline #FascistBJPDownDown.

In the same post, she said, "This was a tough battle to fight. In the immediate aftermath, my sole desire was for my four words to resonate without distraction. I am indebted to everyone who filled that silence, repeated my words and spoke up for my rights including the then Leader of Opposition, honourable Chief Minister Mr Stalin."

"I have been fortunate to mostly escape political persecution and if not for the swift and overwhelming support from the public, journalists, politicians and others in public life, the actions of Dr Tamilisai Soundararajan...and the police against me would have gone unnoticed," Sophia added. She completed the post with these words: “I earnestly wish that we also stand by all victims of political injustice and commit to upholding freedom of speech."

Also read: Telangana Governor orders Chief Secy, DGP to submit report on disrobing of woman in public

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