Counter Affidavit by Kannan Sundaram: Perumal Murugan Case

Page No.: No. of Corrns

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special original jurisdiction)

(Under Art.226 of the Constitution of India)

W.P. No. 1215 of 2015

1. S. Tamilselvan,

421, Anna Salai, Teynampet,

Chennai-600018.

2. Perumal Murugan,

Author, `Madhorubagan,

3/58, Kongu Nagar, Mohaganur Road,

Namakkal - 1

... Petitioners 1 & 2

Vs.

1. The Government of Tamil Nadu,

Rep. by Secretary to Government,

Home Department, Fort St. George,

Chennai-600009.

& 13 others ... Respondents

Counter Affidavit of 14th Respondent, S.R. Sundaram @ Kannan

I, S. R. Sundaram @ Kannan, S/o. Sundara Ramaswamy, aged about 49 years,

residing at 669, Kottar Parvathipuram Road, Nagercoil, 629001, do hereby solemnly

and sincerely affirm and state as follows:

1. I am filing this counter affidavit in the above writ petition after having gone

through the affidavit filed by the Petitioner in support of his WP and as such am well

acquainted with the facts and circumstances of the case.

2. I submit that I am filing this counter - affidavit in my capacity as Publisher

and Managing Director of Kalachuvadu Publications (P) Ltd., which has published

the book, Madhorubagan written by noted Tamil writer and novelist, Perumal

Murugan. I am filling this affidavit based on my personal knowledge of the facts and

circumstances relating to the subject matter of the Writ Petition as also my close

acquaintance with Perumal Murugan.

3. I would like to clarify that the WP originally included Ms. Shalini as

Publisher of Madhorubagan, which is factually incorrect. She is a paid employee of

Kalachuvadu. Being the formal and official Publisher and Managing Director of

Kalachuvadu Publications (P) Ltd I am filing this counter-affidavit. I pray that the

same be accepted as from the Publisher of the book Madhorubagan.

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Page No.: No. of Corrns.:

4. I state that I have completed B.E. Mechanical Engineering from Bangalore

University. From 1995 onwards, I have been the publisher and Managing Director of

Kalachuvadu Publications (P) Ltd., which till date has published over 700 titles.

Many of the books published by Kalachuvadu have received high accolades and

recognition; the authors/ writers have also won numerous awards. Today

Kalachuvadu Publications ranks as one of the foremost Tamil language publishing

houses in India.

5. I state that since its launch in 1996 Kalachuvadu Publications (P) Ltd., has

published books by many renowned writers like Sundara Ramasamy, Jayakanthan,

Asokamithran, Vaikkom Mohammed Bashir, A.R. Venkatachalapathy, C.S. Lakshmi

(Ambai) and others. Amongst the illustrious list of prominent authors is also Dr.

Perumal Murugan, who worked as Associate Professor in Tamil Department in the

Arignar Anna Government Arts College, Namakkal (at the time of the writing the

book as also the present controversy which is the subject matter of this writ

petition). Since the filing of this writ petition, Perumal Murugan and his wife, both

Tamil language teachers have been transferred to Chennai.

6. I know Perumal Murugan for the last 15-20 years. Kalachuvadu Publications

has published 12 books of original writing of Perumal Murugan and 10 edited

volumes till date. Amongst his numerous publications, one of the most important

contributions to Tamil literature is a lexicon of terms used in his native Kongu nadu.

He has won several prestigious prizes including the TN State Governments prize for

best book in 2002 and the Katha prize. His translated novel, Seasons of the Palm

was shortlisted for the prestigious Japanese Kiriyama Award, an international

literary award. He has also won the `Vilakku Pudumaipithan Award (USA) in

2012. Prof. Perumal Murugan has also received the Kasturi Srinivasan Trust award.

Numerous awards were also given by organisations in his native Kongu region in

recognition for his contribution to documenting the life, culture, history and

literature (both oral and written) of the area. Anirudhan Vasudevan, translator of

`Madhorubagan in English titled, `One Part Woman has recently received a

Canadian award.

7. I state that in December 2010, Kalachuvadu Publications published the 190

page novel Madhorubagan. This novel is set in Tiruchengode, Namakkal district,

Tamil Nadu sometime before Indias independence. The book chronicles the life of a

couple, Kali and Ponna who though very much in love with each other were

struggling with the social implications of being childless. The novel itself is

structured around exploring the problem of being childless and the social and

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community stigma that childless couples have to undergo in some communities. It

dramatises an earlier existing custom of consensual union among consenting adults

outside of marriage encouraged during the time of village festivities thereby

providing the couple with community legitimated solution for the problems of

childlessness. It contains very powerful and earthy dialogues carrying fascinating

idiomatic local expressions. The story is very gripping and reflects the deep

understanding of social history, practices and also the psyche of people on the part

of the author. The novel is representative of one of the finest expressions of artistic

creativity which weaves intense human stories around social history allowing the

reader a glimpse into the lives of ordinary, rustic villagers living in Tiruchengode

area.

8. The title Madhorubagan is taken from the name of the presiding deity of

Tiruchengode Siva temple and is supposed to depict the unique concept of

Ardhanari showing Lord Shivas body made up in equal parts of Shiva and Goddess

Parvathi. The story is fictional and is clearly stated so in the novel itself.

9. I state that Madhorubagan was published in December 2010 and was

showcased in the Chennai Book Fair in January 2011. It became an instant best

seller selling over 500 copies. The book continues to receive rave reviews and has

gone into the fourth edition selling about 5000 copies till date.

10. The critical acclaim received by Madhorubagan soon attracted requests for

translation into English and it came to be published as, One Part Woman by

Penguin India in 2013. The translation into English was by Aniruddhan Vasudevan,

a well known performer and writer, presently a doctoral candidate at the University

of Texas at Austin. Favourable book reviews of One Part Woman have been

published in number of noted magazines.

11. I state that in the four years since Madhorubagan was released in Dec.

2010, despite the substantial sale of its copies there was no controversy about the

book or about Perumal Murugan. It was after a year of the publication of English

version that the first signs of controversy broke out in early Dec. 2014.

12. I submit that I know personally from Perumal Murugan that he had gone to

Bangalore to attend a Writers residency during which time he completed 2 sequel

novels to Madhorubagan, which we were to publish as Aalavayan and Ardhanari,

(later in the same month, December 2014). He returned to his house in Namakkal on

1st December 2014. Late in the night of 1st December, Perumal Murugan called me

and informed me that soon after he returned some unknown people came to his

house and asked for copies of his book which he gave. Soon thereafter he started

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receiving abusive phone calls about the contents of Madhorubagan from people

who described themselves as locals, though they did not disclose their names. The

callers abused him for bringing disrepute to Tiruchengode and disputed that the

practice of sexual liaison during the chariot festival days never existed.

13. Perumal Murugan told me that over the next few days he continued to get

such abusive phone calls. I asked him why he was answering these calls at all. He

replied that initially he felt they were all local people and that he felt he owed a duty

to locals to explain the context and background to his novel. Since he reported to me

that the threatening calls continued over the next few days, I told Perumal Murugan

to note down the numbers and to lodge a police complaint. I recollect that he

appeared to be very emotionally disturbed by the calls which threatened dire

consequences for him and his family for having denigrated the local deity as also

writing derogatorily about local customs, thereby bringing shame upon local

community and women.

14. I submit that Perumal Murugan also informed me that there appeared to be

a pattern in the anonymous phone callers all of whom uniformly demanded that he

publicly apologise for having written the novel denigrating women, local people and

the local deity and demanding that he change the name of Tiruchengode in future

editions of Madhorubagan. He remarked to me that it appeared that the callers did

not even know his name properly or the title of the book. From their comments it

was also clear they had not read the book fully. In the days following these calls the

tone and severity of the insults only increased and it soon became apparent that

there was a systematic attempt by an organised force behind the threatening calls.

The hate calls were not merely telephonic; he encountered such hostility even

during personal encounters with people on the roads, in public places and also in his

house.

15. I state that around mid-December 2014, Perumal Murugan told me that he

had seen small booklets of about 8 pages containing the cover pages of

Madhorubagan which showed his address and contact mobile number. Apart from

this the following pages were also photocopied viz., 84, 85, 86, 87, 115, 117, 118 and

172 in which select paragraphs / lines were underlined. He told me that he learnt

that about 10,000 such copies were printed and distributed throughout

Tiruchengode, given especially to women. The booklet did not contain the name of

the organisation which had printed it or who was circulating it. The intention

seemed to ensure that whoever read the booklet containing isolated pages torn out

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of their context in the book, would not only get a wrong and distorted

understanding of the work but also become prejudiced against the author.

16. Perumal Murugan told me a short time thereafter that another pamphlet

was being distributed across Tiruchengode town. This too did not have any mention

of who had printed the pamphlet or was circulating it. The Pamphlet provided

contact numbers of agitators whom readers could contact. These were 94432-

52682; 95781-31287; 98427-47547; 94432-59496 . This pamphlet highlighted how

the novel brought disrepute and infamy to the local men, women and society of

Tiruchengode amongst neighbouring areas, created feeling of disgust about them

and also affected their livelihoods. The pamphlet demanded that the Government of

TN should prosecute the author under the most stringent provisions of criminal law

and that he should be dismissed from his post of Professor in the local Namakkal

Arts College for poisoning the minds of students with such filthy ideas and bad

practices.

17. Seeing the organised way in which the hate campaign against him and

Madhorubagan was being deliberately built up through circulation of booklet and

pamphlets, Perumal Murugan and his wife became scared for their own physical

safety. It was also clear that this was not the act of local people alone but some

organised force was at play very deliberately stoking the embers of caste hatred and

anger against him and the novel. I urged them to give a written complaint with the

phone numbers and other details to the police. Perumal Murugan however was

reluctant to go to the police lest the issue become more serious and reach of point

when there could be no reconciliation. Through all this, I know from personal

conversations with him, that he kept trying to reach out to local leaders to explain

and reassure that he meant no disrespect to anyone. However this did not seem to

succeed. In the meantime, the atmosphere in Tiruchengode was surcharged with

hostility and animosity against Perumal Murugan, thanks to the machinations of

vested interests.

18. I submit that the most intriguing aspect is that though all these pamphlets

and booklets were being distributed publicly, the police remained totally indifferent.

Their disinterest and unresponsiveness stood out especially when the tone of the

campaign was clearly intimidating and threatening physical harm to Perumal

Murugan. I submit that the local administration could not have been unaware of the

growing campaign spouting hate against the novelist. Yet, both the administration

and the police remained unresponsive; at any rate, they did nothing to end the

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public circulation of such pamphlets which took place over many days and actually

over about 2 weeks and more.

19. I state that Perumal Murugan told me that he had heard that there was

going to be a procession in Tiruchengode town demanding a ban of his novel and

seeking his arrest. Unable to bear the constant threats and intimidation and fearing

for his personal safety and life, Perumal Murugan drafted a complaint dated

24.12.2014, addressed to the Superintendent of Police, Namakkal. In the complaint,

he clearly talks about receiving threatening phone calls and also provided specific

mobile numbers from which he had received the intimidating phone calls. He also

informed the SP that the hate speech using abusive terms was being spread through

the social media, especially the Whatsapp medium. Perumal Murugan also informed

the Police about the agitation planned in Tiruchengode against him, sought

protection for himself and his family members and also preventive action against

any untoward incident.

20. I learnt from Perumal Murugan that though he had prepared this complaint

on 24th December itself, he did not submit it to the SP on the same day as he was

hoping that the local police would persuade the protestors to call off the procession

and arrange for talks. However when he learnt on 26th December, that the

procession had been successfully carried out and copies of his book burnt in public,

he decided to lodge the written complaint with the SP, Namakkal. Later, I learnt

from newspaper reports that Mr. Mahalingam, President of Tiruchengode town RSS

unit and others had participated in the procession and book burning programme

that took place on 26.12.2014. Once again, it appeared that though the police were

around, they did nothing to prevent the procession or book burning. The event itself

was widely covered in newspapers.

21. I submit that by this time very abusive, violent and personally threatening

messages were being posted on the Facebook pages personally targeting Perumal

Murugan and the book. In the last week of December 2014, I also received

threatening phone calls in my office landline number in Nagercoil, being the

publisher of the book.

22. I submit that I came to know that on the same day as the procession

described above, a complaint dated 26.12.2014, was filed by the Morur Kannakula

Kongu Naatu Velalar Trust with the Inspector of Police, Tiruchengode naming

Perumal Murugan and Ms. Shalini as Editor, Kalachuvadu and demanding action

against them u/s 295 (A), 501, 502 and 120 (b) IPC. This complaint also specified

certain pages of the book namely Pages 86-87, 116-118, 127 and 172 as the

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offending pages. Ironically, this written complaint with details of only a few pages,

only confirmed what Perumal Murugan had been telling me all along, that only

select pages of the book had been photocopied and circulated by the Hindu outfits to

fan animosity and hatred against him. In fact Perumal Murugan expressed to me his

sadness at his creative work being insensitively torn apart and de-contextualised

portions of his creative work being used insidiously to fan the flames of hatred

among the common citizens of Tiruchengode, Namakkal and the region.

23. I state that I know that Perumal Murugan issued a media statement on

27.12.2014, which was carried in the Hindu Tamil and Dinakaran newspapers in

which he clarified that his novel was not written with the intention of denigrating

any person and did not have even the slightest intention of hurting anyones

sentiments. But the protestors had other purposes behind building the campaign

against him and the book, and so there was no response to such public clarifications.

21. I submit that all along, and especially after 26th incident, I had been telling

Perumal Murugan to leave Namakkal district and go elsewhere for his and his

familys personal safety. I also warned him that it looked like the strident and

violent campaign was being engineered by vested interest who would not stop by

his withdrawal of his book but would demand to proscribe all his creative works.

However, Perumal Murugan felt that he should dialogue with the local people of his

native place. He therefore ignored my warnings and chose to stay back in Namakkal.

22. I submit that by way of a response to the feeling expressed by local people

objecting against Madhorubagan for depicting Tiruchengode in bad light, Perumal

Murugan, on his own volition, decided to change the reference in the two sequel

novels to Madhorubagan namely, Ardhanari and Aalavayan from Tiruchengode to

Karattur. The two books were released ahead of the Chennai Book Fair on 3rd

January, 2015. After the event Prof. Perumal Murugan returned to his home in

Namakkal on 04.01.2015.

23. In the mean time, posters and pamphlets had been circulating throughout

Tiruchengode in the name of Combined Sangams of Tiruchengode and the common

people, calling upon the residents to protect their honour and support the bandh on

9.1.2015 to show their protest to Madhorubagan and its author, and for having

denigrated and brought disrepute to the deity of Tiruchengode, Ardhanariswarar,

the chariot car festival and women. All devotees, traders and all other organisations

were exhorted to support the bandh on 9th January, 2015.

24. On hearing about this on 07.01.2014, Perumal Murugan issued a

statement to the Press expressing regret that this book has hurt the sentiments of

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some sections of people of Thiruchengode. In this statement he clearly explained

that Madhorubagan is a work of fiction and Tiruchengode in the novel is not the

town it is today. He also clarified he had no intention of insulting Tiruchengode, its

people, religion or caste and explained that the story is a fictional creation based on

traditions as traced in sources as varied as the Mahabharatha to folk lore.

Expressing his regret at what people were feeling about the novel, on his own

volition, he offered to remove all references to Tiruchengode in subsequent editions

of the novel and requested people not to engage in any protest that would

inconvenience people. On the same day, 7.1.2015, Perumal Murugan also wrote to

the Inspector, Tiruchengode Town Police Station in which he reiterated that he had

no intention of hurting anyones sentiments.

25. I learnt from Perumal Murugan that on 8th January, 2015 he was called to

the office of Namakkal SP. There he met the DSP, Tiruchengode (4th Respondent

herein) who told him that a meeting had been arranged with the protestors in the

evening of 8th January before the RDO, Tiruchengode. The DSP reportedly advised

Prof. Perumal Murugan not to go to Tiruchengode himself but instead asked him to

address 2 letters: one to the RDO, Tiruchengode and another to the Inspector of

Tiruchengode Town Police Station which they could use during their meeting with

the agitators. Perumal Murugan said he gave 2 handwritten letters, as advised. In

both letters, Perumal Murugan expressed his sincere regret to all the common

people and organisations for his book causing hurt to their sentiments. He also

informed that:

(a) He was going to recall all the unsold books sent for sale;

(b) within 3 months he would change the controversial paragraphs in a way that

they would not hurt anyones sentiments; and

(c) that in the future he had no intention of writing anything in connection with

Tiruchengode.

26. I learnt from Perumal Murugan that as requested by the DSP, at about

5:00 pm on 8.1.2015 he went to the Office of the SP, Namakkal so that he could be

available for telephonic discussions with the RDO, Tiruchengode and Inspector,

Tiruchengode Town PS, who were supposed to be conducting a meeting with the

protestors in Tiruchengode to resolve the issue. However, by around 9:30 pm he

was informed that since the protestors did not come for the scheduled meeting

between the authorities and the bandh organisers in Tiruchengode, there was no

purpose in him waiting any longer in Namakkal. Perumal Murugan shared with me

that at that time, a friendly police officer informally advised him that it would be

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better for him (Perumal Murugan) to leave Namakkal, as the situation in

Tiruchengode was surcharged with tension and his personal safety could not be

assured. Left with no option, Perumal Murugan left Namakkal with his family on the

same night.

27. I submit that Perumal Murugan came to Chennai on 09.01.2015 night. At

that time I was in Chennai in connection with the Chennai Book Fair and he met me.

During this meeting he gave me copies of the various pamphlets, notices, posters etc

distributed in Tiruchengode described in previous paragraphs.

28. On 10th January, 2015 Perumal Murugan visited the book fair and met other

writers; he also addressed a Press meeting, participated in a book release in Sun TV

Studios and separately met a number of lawyers seeking legal advice. In this

connection he met and had long discussion with Mr. G.R. Swaminathan, Advocate.

On 11.01.2015, he got a call from the RDO Namakkal and the local Inspector of

Tiruchengode to be in Namakkal on 12.01.2015 for peace talks with the agitators.

29. I state that the officials also orally informed through Perumal Murugan that

I, as Publisher, should also come for the meeting. However, I refused to go without

any written invitation from the district authority. I was also apprehensive about the

bona fides of the officials who had done nothing to calm down the unruly agitators.

However, Perumal Murugan told me that he wanted to go for the meeting as he

wanted to bring a quietus to the controversy and to rebuild amicable relationship

with the people of his native place. In view of his expressed desire to be in Namakkal

for the meeting on 12.1.2015, I requested Mr. G.R. Swaminathan, Advocate to

accompany Perumal Murugan to the peace talk on 12.01.2015 in Namakkal.

30. I learnt late in the night of 12.01.2015 from G.R. Swaminathan that the so-

called `Peace Meeting conducted by Ms. Subbulakshmi, RDO Namakkal, and DSP and

other officials was a farcical and one-sided exercise in mediation. Perumal Murugan

and Mr. Swaminathan were made to sit in a separate room with the officials not

allowing them to meet the so-called leaders of the community who were demanding

that Perumal Murugan should apologise and recall his book. Despite their

protestation to the district officials at the intrinsic one-sidedness of the mediation

effort, the officials reportedly acted in a highhanded, biased and prejudiced manner

against Perumal Murugan.

31. I was also shocked to know from Mr. Swaminathan that when he

questioned the authorities about not allowing Perumal Murugan to meet the

protesters directly so that they can settle the issue amicably, he was rudely cold-

shouldered. Further when Mr. Swaminathan objected to the replacement of the term

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`sincere regret preferred by Perumal Murugan by the terms, `unconditionally

apologise sought by the RDO, he was bluntly told that he could leave the place. Mr.

Swaminathan later told me, which was also confirmed by Perumal Murugan, that the

DRO bluntly told Perumal Murugan that he could choose to follow the advice of his

lawyer who is from outside Namakkal or to consider the fact that he was a local

person and had to interact with the local people and therefore he should consider

the effect of antagonising the local people. Mr. Swaminathan told me that he felt this

was a veiled threat and this had a major influence on Perumal Murugan, who was

already in an emotionally disturbed state, to accept whatever the RDO asked him to

sign on.

32. I submit that I also learnt from both Perumal Murugan and Swaminathan

that the authorities continuously kept changing the terms of the agreement by

imposing more onerous conditions on Perumal Murugan. It was clear that neither

the Police nor the district administration had either the interest or the intention to

protect or safeguard Perumal Murugans freedom of speech and expression as

writer. In the end the sheer weight of the demeaning terms of condition imposed on

Perumal Murugan and the lack of any considerate support from the district

administration, pushed Perumal Murugan to stop negotiating for a fair compromise

and give in and to sign the agreement drafted by Ms. Subbulakshmi, RDO, Namakkal.

I submit as far as I am concerned, the agreement dated 12.01.2015 and the terms

are both illegal and unconstitutional and have been obtained under coercive

circumstances. They are neither valid nor are enforceable.

33. I submit that on the same day, in the night, Perumal Murugan put up a

Facebook post saying that Perumal Murugan the writer was dead and henceforth

only `Pe. Murugan was alive. The entire post was very tragic and indicated the

extreme emotional and psychological state of Perumal Murugan. The normally

sensitive, creative and expressive Perumal Murugan had retreated into a shell,

refusing to meet with or talk to others. Unfortunately since Perumal Murugan

secluded himself, I began receiving phone calls from Tamil, Indian and international

media right from the morning of 13.01.2014. I attended many hundred calls during

the following week. In the interest of taking forward the campaign for freedom

expression, I made myself available to the media from early morning till late night.

Therefore, I could not myself travel to Namakkal to meet Perumal Murugan. I

however have been in regular touch with him over phone and e-mails. He remained

subdued and quiet. I remain apprehensive and worried about the damaging and

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deleterious impact of all these violent incidents on the creativity and expressiveness

of Perumal Murugan, the writer.

34. I submit that Kalachuvadu Publications received the summons issued by

the RDO, Namakkal for the peace meeting in Namakkal Collectorate on 12.1.2015 a

day after the meeting. This was addressed to Ms. Shalini as Editor of Kalachuvadu. A

perusal of the summons disclosed that five Hindu religious and caste groups had

given complaints to the Inspector of Tiruchengode Town Police Station, about the

novel `Madhorubagan and Perumal Murugan which included some organisations

which were reported to have participated in the procession on 26.12.2014, the day

the book was burnt. The organisations and their leaders included: (1) Mr. Pon

Govindaraj, Arulmigu Ardhanareeswarar Kovil Nala Sangam; (2) Mr. Chinnasami,

Hindu Munnani; (3) Mr. Kandasami, Morur Kannankula Kongu Nattuvellalar

Arakattalai; (4) Mr. M. Madhes, Sengunthar Mahajana Sabha, Namakkal District; (5)

Mr. P.T. Rajamanickam, Kongu Vellalar Sangangal Koottamaippu.

35. I submit that the above names confirms what I had all along suspected: that

the campaign against Perumal Murugan was not locally based but was deliberately

built up by other caste and religion based groups including the Hindu Munnani, RSS,

and other groups. In fact, especially after 26th incident, I had been telling Perumal

Murugan to leave Namakkal district and go elsewhere for his and his familys

personal safety. I also warned him that it looked like the strident and violent

campaign was being engineered by vested interests who would not stop by his

withdrawal of his book but would demand to proscribe all his creative works. This is

disclosed by considering the police complaint given against Perumal Murugan dated

26.12.2014 by different caste organisations, which also name Ms. Shalini as the

editor of Kalachuvadu. The summons dated 11.1.2015 of the RDO, Namakkal,

received by us is also addressed to Ms. Shalini as editor. This shows that neither the

agitators nor even the officials had even remote acquaintance with Tamil literary

field. If they had knowledge about well known Tamil publishing houses, they would

have known that I had been the editor and publisher of Kalachuvadu Publications

for over 20 years. It appears to me that Ms. Shalini appears to have been named in

the police complaint only because her name finds mention in the preface to

Madhorubagan, by Perumal Murugan for having helped him. Such ignorance on the

part of the agitators supports my view that the local people who were agitating

were mere pawns in a bigger game, being instigated by outside forces who exploited

caste and social sentiment to whip up caste hostility and violence. This was also

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made clear by the fact that most of the agitators had not read Madhorubagan in full

and only select pages were circulated to whip up mob-frenzy.

36. I came to know from Perumal Murugan that until his transfer to Chennai,

he and his family were living under virtual house arrest, as a result of fear of

physical violence. Apart from going to the College to teach, both he and his wife

dared not to venture out anywhere. I came to know that even the household

provisions were being purchased and brought by friends and well wishers.

Ominously, friends and well wishers who were standing by him through the trying

times had themselves started receiving threats. For instance a journalist friend by

name Vijay Kumar who writes for Dina Malar Tamil daily, was targeted on Facebook

page titled Murpokku Mafia Edirpu Kalam (`Place for opposition to Progressive

Mafia the mafia is an euphemism for those who support the free speech rights of

Prof. Perumal Murugan). In a photograph of Vijay Kumar with Prof Perumal

Murugan his face was circled and his number was displayed, calling upon viewers to

call him and protest the fact that he was filing news reports in favour of Perumal

Murugan.

37. I state that ever since Perumal Murugan became a recluse and withdrew

from all society, it became my responsibility as his publisher to face the public and

present his version on all public media platforms. Further my situation became a

little piquant. Initially, out of deference to Perumal Murugans request to withdraw

all copies of the book Madhorubagan I decided not to sell the book. However, I soon

realised that this was a trap, for if, as a publisher, I gave in to such demands once, I

could well anticipate more such demands in future. All writings in Tamil are located

in one or the other of the present Tamil social and caste milieu. So it is easy for one

caste group or the other to object to every Tamil writing on one pretext or the other.

38. I also came to know that the withdrawal of Perumal Murugan has

emboldened groups and campaigns over other books were already picking steam. It

was then that I realised that as a Publisher I owe it to myself, my authors and my

readers to stand up and not to succumb to such unreasonable demands. It is also

pertinent to point out that during the height of this malicious campaign some

individuals have also targeted my wife on Facebook by putting up objectionable

comments on her wall.

39. I state that as a Publisher, the agreement entered into by Perumal Murugan

and some private third parties in the presence of the official Respondents cannot be

binding on me, especially when it was clearly obtained under duress. There can be

neither a waiver of fundamental rights nor an estoppel against fundamental rights

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of citizens. It is under these circumstances that I feel that is my duty to bring these

facts to the notice of this Honble Court. From the circumstances of the case narrated

above, and the manner in which the so-called agreement dated 12.1.2015 was

arrived at, the said agreement cannot be said to be properly or legally obtained and

should be set aside. Permitting the said agreement dated 12.1.2015 to be declared

legal, valid and binding will have adverse effects on my fundamental rights both as a

publisher and a citizen and, will in general, also set a bad precedent for the future

when such incidents arise. In fact, yet another incident of hounding of an author has

surfaced after the Perumal Murugan controversy relating to a book by an author

called Puliyur Murugesan. Considering the recurring incidents of intolerance to

published works on parochial and prejudicial grounds of caste, community and

other emotive grounds, it is necessary not just to set aside the agreement dated

12.1.2015 but also to authoritatively lay down the law relating to protection of

fundamental rights along with guidelines regarding the duties of government

functionaries in ensuring administration of law in such a manner as to sustain,

protect and promote fundamental rights.

40. I submit that the present controversy over Madhorubagan and the

hounding of Perumal Murugan has sent shock waves amongst writers, authors and

filmmakers for it highlights a worrying trend being witnessed in different parts of

India: viz., the rising phenomenon of extra-judicial, casteist and religious forces

dictating what creative persons can say, do, write or express all happening with no

protection given by state authorities to such creative persons from such attacks. I

fear that the climate of intolerance, bigotry and prejudice, unless checked in a strong

and forthright manner, will lead to stifling of creative expressions which seeks to

question and critically examine cultural, social and religious practices and also lead

to silencing dissenting and contrarian opinions, under threat of violence and

victimisation.

41. The other issue which the Perumal Murugan issue underscores is the

problematic role of the state authorities in the entire episode in virtually doing

nothing to enforce the rule of law and safeguard fundamental rights of speech and

expression. To the contrary, the officials through their action have indicated their

tacit support to the agitators. This raises key issues of the role, obligations and

responsibilities of state authorities in enforcing fundamental rights especially rights

under Art. 19(1)(a) and 21 and the consequences of the state authorities not

fulfilling or performing their constitutional obligations. The importance of evolving

a set of guidelines based on constitutional principles to guide officials and

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government functionaries becomes all the more important in the present context of

increased hate speech and extrajudicial groups threatening authors and writers,

artists and film makers and other creative artistes as to what is deemed right,

appropriate and acceptable, and coercing them with the threat of physical danger, to

write or express in ways they deem acceptable.

42. I submit that wherever the creative artiste is forced to capitulate to the

demands of fundamentalist forces to withdraw their work, there is little thought and

attention paid to the predicament of publishers, producers or those who help fund

the creative art form, to find that the work they have helped support financially and

otherwise, is suddenly pulled out. It is not just the monetary loss for publishers; but

also the loss of their fundamental right to occupation and pursue independent

livelihoods apart from the violation of free speech rights also.

43. I submit that only the reasonable restrictions enumerated in Art. 19(2)

alone can be the basis to limit the exercise of rights under Art. 19(1)(a). Anything

outside the strictly limited scope of Art. 19(2) cannot be permitted to restrain or

limit the functioning of the fundamental right to free speech and expression.

44. It must be noticed that the right of free speech and expression has two

dimensions: it covers the rights of the author or creator of speech and expression as

much as the fundamental right of the reader or listener or receiver of information.

In effect, the action of the respondent officials in not protecting Perumal Murugan

has resulted in not only silencing him from presenting his intellectual work of

critically examining contemporary, as also historical, social trends, practices and

relationships, but has also effectively deprived readers from access to his critically

acclaimed literature.

45. I reiterate that the incidents surrounding Prof. Perumal Murugan is not an

isolated occurrence. There is a growing trend of intolerance exhibited by extra

judicial, non state players, with the State abdicating its responsibilities towards

protecting the rights of citizens. In fact there is an increasing trend of the State, in

the name of peace talks, covertly and overtly extending support to the law breakers

and exerting undue pressure on the victims to surrender their rights. These peace

talks are in reality, like kangaroo courts, with individual writers or film makers,

often cornered alone during the talks, whereas the protestors are in large numbers.

The talks are generally held in a climate surcharged with tension and hostility. It

results in an absurd situation when individuals are brow beaten and forced to give

up their fundamental rights for the sake of a compromise brokered by the

administration and police, often on the ground of maintaining `law and order. I

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state that the so-called peace committees conducted by officials are akin to `katta

panchayats conducted by local musclemen or politicians. Such practices are a very

serious threat to democracy itself. Under the circumstances it is important for this

Honble Court to formulate guidelines to be followed by the state authorities

whenever a situation of threat to free speech and expression occurs.

46. I am placing these facts and circumstances as I came to know of it from

what I heard from Perumal Murugan directly, from documents relating to the

incident which have been brought on record before this Honble Court and my

personal knowledge, for consideration of this Honble Court for a fair and just

decision in this case.

Dated at Nagercoil on this )

the 20th day of April, 2015 )

And signed in my presence )

Before Me

Advocate, Nagercoil

Page No. 15 and last page No. of corrns.

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High Court: Madras

WP No. 1215 of 2015

S. Tamilselvam

.. Petitioner

Versus

Govt of TN, rep by

Home Secy, Govt. Of TN

And 13 others

.. Respondents

Affidavit of S. R. Sundaram @ Kannan,

Respondent No. 14

(Served on Counsels of other parties

and filed in Court Section on June,

2015)

M/s Dr. V. Suresh, 295A/1985 D. Nagasaila, 753/1988 C.P. Moses, 3511/ 2011

Counsels for Petitioner

Contact nos.: 9444083494; 9444231497

Documents

Counter Affidavit by Kannan Sundaram: Perumal Murugan Case