The Madras High Court has quashed criminal proceedings against two publishers who faced sedition-related charges over a book that referred to a 1967 call for a separate Tamil Nadu. The Court held that merely reproducing a historical account, without any attempt to incite hatred or violence against the government, does not amount to the offence of sedition in the present social context.
Background of the Case
The petitioners, Keera @ Moorthi and Thamil Bala, were arrayed as accused in a pending case before the 23rd Metropolitan Magistrate Court, Saidapet. According to the prosecution, a book published through their publishing house contained references to Tamil leader Tamizharasan's 1967 speech advocating a separate Tamil Nadu and mentioning guerrilla warfare. Based on these contents, a charge sheet was filed and the matter remained pending as PRC No.72 of 2019.
Before the High Court, the petitioners argued that a previous Division Bench ruling, relying on the Supreme Court's decision in S.G. Vombatkere v. Union of India, had already clarified that the mere publication of such material would not automatically attract sedition provisions.
Court's Observations
Justice D. Bharatha Chakravarthy examined whether the publication could reasonably be seen as inciting hatred or disaffection against the government.
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The Court observed,
"In today's scenario, India as a nation, is unified by heart and soul. If any person speaks about dividing Tamilnadu into a separate nation... it will not excite any hatred at all among the common public."
The Court further noted that the book merely recorded what Tamizharasan had allegedly stated decades ago and did not present it as a contemporary call for secession.
Emphasising the distinction between documenting history and encouraging unlawful acts, the bench observed,
"Mere recording of what had happened will not even amount to an attempt to incite hatred."
Decision
Allowing the criminal original petition, the Madras High Court quashed the final report and all further proceedings in PRC No.72 of 2019 pending before the 23rd Metropolitan Magistrate Court, Saidapet, Chennai.
The connected miscellaneous petition was also closed.
Case Details
Case Title: Keera @ Moorthi & Anr. v. State Rep. by the Inspector of Police & Anr.
Case Number: CRL OP No. 16226 of 2026
Judge: Justice D. Bharatha Chakravarthy
Decision Date: June 29, 2026
