Tirupparankundram row: Madras High Court dismisses H. Raja’s plea against police notice summoning him for inquiry

The Madras High Court on Monday (June 23, 2025) dismissed a petition filed by BJP leader H. Raja to quash a notice issued to him by the Madurai City police for conducting an inquiry with regard to a speech delivered by him during a demonstration organised by Hindu Munnani at Pazhanganatham junction in Madurai city on February 4, 2025, alleging encroachment of the Tirupparankundram hillock.

Justice P. Velmurugan refused to entertain the quash petition at the admission stage itself, after observing that a person summoned for inquiry by the police had no authority to challenge such a notice issued under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The judge directed the petitioner to appear before the investigating officer for the inquiry and extend full cooperation to the investigation.

The issue relates to a massive controversy that had arisen early this year with a section of people alleging that a dargah had been constructed on an encroached portion atop the Tirupparankundram hillock, which houses the Subramaniaswamy Temple, one of the Arupadaiveedu (six sacred temples) of Lord Murugan. The Madurai city police had registered a First Information Report (FIR) against Mr. Raja after he participated in the demonstration.

The FIR was registered for alleged offences under Sections 192 (wantonly giving provocation with intent to cause riots), 196 (promoting enmity between different groups on the ground of religion), and 352 (intentional insult with intent to provoke breach of peace of the Bharatiya Nyaya Sanhita (BNS)). Subsequently, the police issued the notice under Section 35 of the BNSS for conducting an inquiry with Mr. Raja.

The notice issued by the Inspector of Subramaniapuram police station also directed the petitioner to comply with a list of 10 conditions. The conditions required the BJP leader not to commit any offence in the future, not to tamper with the evidence in the present case, appear before the court concerned as and when required, and so on. The police had also warned him of arrest if he did not comply with the conditions.

Mr. Raja had challenged the statutory notice on the ground that the investigating officer had exceeded his authority and assumed the role of a judicial magistrate by imposing such conditions on him. Though the quash petition was filed before the Madurai Bench of the Madras High Court, it was transferred to Chennai and listed before Justice Velmurugan, who holds the portfolio of hearing all cases related to sitting as well as former MPs and MLAs.