Raj Bhavan directive to cop led to Nakkeeran Gopal's arrest

Chennai: The arrest of Nakkeeran Gopal on Tuesday followed a complaint to the Chennai Police Comissioner from Dr T. Sengottaiyan, deputy secretary to Governor, made on October 6, wherein he had sought action under section 124 IPC against not just Gopal as the magazine’s editor but also 34 other members of the staff that included its distribution assistants, as they “have all conspired, connived and acted in concert, got the articles written, which are clearly expressing their intention of inducing and compelling His Excellency the Governor of State of Tamil Nadu, to refrain from exercising his lawful powers”.

The persons listed out in the complaint “cannot claim any immunity under Art 19(1)(a) of the Constitution of India as the freedom of speech and expressing is subject to restrictions contained under Art 19(2) of the Constitution”, said the Raj Bhavan official in his letter to the Police Commissioner.

The 'article' referred to in the complaint was printed in Nakkeeran's issue of April 20-22, with a cover mention that translated into English as 'Nakkeeran had belled the cat and Governor caught in the trap' and that there was danger for Nirmala in jail. 

The article was defamatory, had pictures of the Governor, and its content constituted misuse of the licence given to Nakkheeran to print and publish. Not stopping with this, the magazine, in its next volume, had more articles on the Nirmala Devi case, said the complaint.

It said the contents “are clearly an expression of intention of inducing or compelling” the Governor “to refrain from exercising his lawful powers as a Governor” and would attract imprisonment up to seven years and fine under section 124 IPC.

The complaint also explained 124 IPC as saying that whoever, with the intention of inducing or compelling the President of India or the Governor of a State “to refrain from exercising lawful powers, or attempts wrongfully to restrain, or overawes, by means of criminal fore or the show of criminal force…” shall be punishable with imprisonment for up to seven years and fine.

Magistrate Gopinathan held that this section 124 IPC will not hold water in this present case of Nakkheeran Gopal's detention, and set him free.