Grind along: On actor arrest case and individual freedoms

The arrest of actor Kasthuri by the Greater Chennai Police in Hyderabad on November 17 — she was granted bail by a metropolitan magistrate in Chennai on Wednesday (November 20, 2024) — raises questions over hate speech and the right to freedom of expression. Just a few days earlier, her arrest seemed inevitable after the Madurai Bench of the Madras High Court rejected her plea for anticipatory bail, which she had sought fearing police action for her distasteful and derogatory remarks on the Telugu community at an event in Chennai earlier this month. The High Court did not accept her apology, but concluded that her speech “clearly hovers around hate speech” with “…no genuine attempt [on her part] to apologise for using such a bad and intemperate language”. One cannot but agree with the High Court’s position of the need for speakers using public platforms to observe caution in this age of social media, as “what is said becomes a permanent record”. The context that the actor touched upon was about the migration of people, and if anyone is keen on making a point on such a serious matter, they ought to do their homework and consult historical works of eminent historians and archaeologists. Every public speaker has to internalise the importance of exercise of restraint in thought and words. Public personalities have a responsibility to ensure that their words do not instigate any social group. But arrest should not be the reflexive response of the state in every instance of transgressions by citizens.

Three months ago, the Supreme Court of India had held that “bail is the rule and jail is an exception even in money laundering cases”. The Madurai Bench could have kept this principle in mind before dismissing the actor’s petition. Subsequently, the authorities could have looked at the matter afresh. But in her case, a special team was formed to make the arrest. The need for custodial interrogation did not arise in view of the availability of basic material with the police. Any attempt by her to tamper with witnesses is unlikely. Nor has there been any visible law and order problem following her speech. It was against this backdrop that her arrest appeared untenable. However, it was a matter of relief that the prosecution, on Wednesday, did not object to her getting the bail. The Kasthuri episode should remind public speakers that while the principle of the freedom of expression is vital to any democratic and vibrant society, its existence is bound by reasonable restrictions. The state too should not rush to curtail individual freedoms at the first sign of transgression by citizens. The wheels of justice can grind exceedingly fine without being forced to turn hurriedly by the law enforcement agencies.