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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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 9443252682; 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 3 rd
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 socalled `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 coldshouldered. Further when Mr. Swaminathan objected to the replacement of the term
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10

`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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11

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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12

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
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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

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