The controversy over the call made by DMK spokesman R Rajiv Gandhi to Dravidians to subject the Brahmins to genocide took a curious turn on Thursday as Dr Subramanian Swamy, president, Virat Hindustan Sangham and former union minister for law and justice, writing to Governor R N Ravi seeking permission to prosecute the former.
Gandhi had made a speech on June 3 exhorting the Dravidians to annihilate the Brahmins as demanded by E V Ramasami Naicker, founder of the Dravidian movement. The DMK spokesman had reiterated the demand made by Naicker (addressed as Periyor by Dravidian activists) in the 1960s that there should be an ethnic cleansing of Tamil Nadu by finishing off the Brahmins.
“This is a blatant violation of the Representation of People’s Act (RPA) and the Election Commission of India should derecognise the DMK,” Dr Swamy had asked the ECI in a letter he wrote to the Chief Election Commissioner.
But his letter to Governor Ravi seeking his sanction to prosecute the DMK leader for his controversial speech has evoked interest in Tamil Nadu. Though Gandhi is neither an elected member of assembly or parliament nor holding any position in Government, Dr Swamy chose to approach the Governor for permission to drag the DMK spokesman to court. The former union minister has sought the permission under Section 196 of the Criminal Procedure Code to prosecute Gandhi for offences against the State and for criminal conspiracy to commit such an offence.
“I have enclosed my criminal complaint that I intend to file against one R Rajiv Gandhi , the secretary and spokesperson of the DMK. For the filing of the said complaint your sanction is required under Section 196 of the Code of Criminal Procedure 1973,” said Dr Swamy in his letter to the Governor.
He further stated that the accused had committed various offences under the Indian Penal Code by publicly calling for the genocide of Brahmins in his June 3 speech. Dr Swamy pointed out that the Supreme Court in the Subramanian Swamy v Manmohan Singh case (2012) had expounded principles governing grant of sanction for prosecution.
Section 196 of the Cr PC states among other things that no Court shall take cognizance of the offence of any criminal conspiracy punishable under Section 120-B of the IPC other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings.
The section 196 further states that the Central Government or State Government may, before according sanction may order a preliminary investigation by a police officer not being below the rank of Inspector in which case such police officer shall have the powers referred to in sub-section (3) of section 155.
