The Madras High Court on Tuesday decided to keep pending a suo motu case initiated against former Tamil Nadu Forest Minister K. Ponmudi, who allegedly recited a sexually explicit joke referencing the tilaks of Shaivites and Vaishnavites—two major Hindu sects—during a public event earlier this year.

This decision comes even as the Tamil Nadu police have closed over 120 complaints filed in the matter, concluding that Ponmudi was merely repeating an old anecdote.

Justice P. Velmurugan, however, strongly criticised the trend of politicians misusing free speech protections.
"All politicians think Article 19 gives them unlimited rights... as if the sky is the limit. Just because they are in power, they cannot say anything they want. Courts cannot remain silent spectators," the judge remarked.

The Court also warned the State government that complainants must be duly informed about the closure of their complaints. "If any complainant later alleges they weren’t informed, the Court will take serious action against the State," the judge said.

Advocate General PS Raman, representing the DMK-led government, submitted that Ponmudi's comments were a reiteration of a decades-old narrative and did not warrant criminal prosecution. He clarified that the complaints were closed following preliminary inquiries and that complainants could still pursue remedies by approaching higher police authorities.

Justice Velmurugan expressed concern over the police preemptively concluding in the preliminary stage that Ponmudi's comments did not amount to hate speech. “The police cannot deliver a judgment during preliminary inquiry,” the judge said, questioning whether it was correct to suggest that only an original speaker of hate speech can be held liable, not someone repeating it.

The matter has been adjourned to August 1, with the Court observing that it would “vigilantly watch” the developments.

The remarks in question were made by Ponmudi on April 8 at an event organised by the Thanthai Periyar Dravida Kazhagam (TPDK), where he allegedly narrated a joke linking the cost of sexual services to whether a man bore a Shaivite or Vaishnavite tilak, sparking widespread outrage.

Following public backlash, Ponmudi was removed from his position as Deputy General Secretary of the DMK. Subsequently, Justice Anand Venkatesh had called for the registration of a suo motu criminal writ petition against Ponmudi, expressing deep concern over the police's reluctance to act.

"The continued inaction and hesitation of Tamil Nadu Police is most distressing and unfortunate," Justice Venkatesh had stated