The Madras High Court has declined to quash the criminal proceedings against actor and former MLA S Ve Shekher in relation to a 2018 Facebook post containing a derogatory message aimed at women journalists.
A single bench of Justice N Anand Venkatesh acknowledged that Shekher did not create the post himself but rather shared it through his Facebook account. However, due to his status as a public figure with a significant social media following, he must bear the consequences of the harm caused.
The Court recognized that Shekher had subsequently removed the post and offered an unconditional apology. Nevertheless, the act of forwarding such a post constituted an offense, and a mere apology would not absolve him from responsibility, the Court stated.
“The message forwarded by the petitioner contains indecent and vitriolic attack on a particular woman and other women press reporters. Hence, prima facie, the offence under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 is also cases made out. It is true that the petitioner removed the derogatory message from his Facebook account even on the same day and he also apologised for having forwarded the message. These acts, by themselves, do not help the petitioner from facing the consequences for forwarding a derogatory message. An offence has already been committed and the petitioner cannot now escape from the offence by merely coming up with an apology statement subsequently,” the bench noted.
Shekher, a member of the Bharatiya Janata Party, faced multiple complaints resulting in the registration of FIRs against him for a derogatory post made in 2018.
During the proceedings, Shekher informed the High Court that he had received the post from Thirumalai Sadagopan in California and had inadvertently forwarded it without reading its contents. However, Justice Venkatesh emphasized that Shekher should have exercised caution before forwarding the message, as it contained objectionable language targeting all women journalists.
The Court deemed the post to be an offense of outraging the modesty of women and disturbing public peace.
“A message that is sent or forwarded in the social media is like an arrow, which has already been shot from the bow. Till that message remains with the sender, it is within his control. Once it is sent, it is like the arrow, which has already been shot and the sender of the message must take the ownership for the consequences of the damage done by that arrow. Once the damage is done, it will become very difficult to wriggle out of the same by issuing an apology statement,” the bench added.
