Madras High Court revives case over FB post on Lord Krishna, stating that disrespectfully depicting Hindu Gods cannot be justified, and emphasising sensitivity towards religious sentiments in free speech.
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CHENNAI: The Madras High Court has slammed the Tamil Nadu Police for mechanically closing a criminal case involving a Facebook post that allegedly mocked Lord Krishna and contained vulgar captions. Justice K. Murali Shankar of the Madurai Bench made it clear that disrespectfully depicting Hindu Gods cannot be justified and that freedom of expression must not cross into hurting religious sentiments.
The Controversial Post
The case stemmed from a 2022 Facebook post showing an image of Lord Krishna watching nude gopis (female devotees) bathing, accompanied by crude Tamil captions. The complainant, P. Paramasivan, alleged that the post was uploaded with the intent to defame Hindu gods, insult Hindu women, and potentially cause communal tension.
The Cyber Crime Police registered an FIR under IPC Sections 298, 504, 505(2), and Section 67 of the IT Act. However, in February 2025, the police filed a “negative final report,” classifying the case as undetected. They claimed that they sought details from Facebook’s parent company, Meta, but were told that only a Mutual Legal Assistance Treaty (MLAT) request or letter rogatory would suffice. No further steps were taken.
Shockingly, despite the complainant appearing through counsel and raising objections, the trial court recorded that no objections were made and closed the case. This prompted the complainant to approach the High Court.
High Court’s Observations
The High Court criticised the police for:
- Limiting their investigation to a single request to Meta, without pursuing other leads.
- Failing to verify personal details, educational background, or photographs visible on the accused’s Facebook profile.
- Mechanically filing an “undetected” report despite the serious nature of the allegations.
Justice Shankar observed that such casual handling undermines the seriousness of offences that can cause religious outrage and social disorder. The Court noted that the Krishna–gopis episode from Hindu mythology is widely interpreted as a symbolic spiritual test, but the Facebook depiction went far beyond the acceptable limits of free speech.
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The Court set aside the Magistrate’s order that had accepted the police’s undetected report and directed the police to resume the investigation, completing it and filing a final report within three months.
It further emphasised that the State has a duty to ensure that the right to free speech is exercised responsibly, without infringing upon or hurting religious sentiments.
Appearance:
Petitioner (complainant): Advocate S Saravanan
State government: Government Advocate (criminal side) M Aasha
Case Title:
P Paramasivan v. Inspector of Police
Crl.R.C.(MD)No.526 of 2025
READ ORDER HERE
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