Chennai, July 10: The Madras high court on Monday quashed the criminal proceedings against popular film star Dhanush and Aishwarya Rajinikanth that was pending before a magistrate court in the city, for allegedly showing banners of the Tamil film Velaiyilla Pattadhari, carrying a picture of Dhanush prominently smoking a cigarette.

Justice N Anand Venkatesh allowed the petitions filed by Dhanush, Aiswarya and 3 others. Originally, on a private complaint filed by one S Cyril Alexander, the proceedings were initiated against Dhanush and Aishwarya.

In his order, the judge said in the instant case, the only allegation that has been made in the complaint is that the advertisement banners of the movie were found to carry the picture of the lead actor prominently smoking a cigarette.

This act, per se, cannot be brought within the purview of Section 5 of the Cigarettes and other Tobacco products (prohibition of Advertisement and Regulation of Trade and Commerce, production, supply and distribution) Act (COPTA) since the display was not done by persons engaged in the production, supply or distribution of cigarettes or any other tobacco products, the judge said.

The person who is depicted as smoking cigarette was not under any contract with the entity or the person engaged in production, supply or distribution of cigarettes or any other tobacco products nor he was promoting their product, the judge added.

The judge said a penal statute has to be strictly construed since the consequence of an action taken under the statute will touch upon the life or personal liberty guaranteed under Article 21 of the Constitution of India.

"Hence, this court cannot be swayed by emotions and popular beliefs and the court has to necessarily construe the provisions strictly and see if the facts of the case make out an offence. If the facts do not constitute an offence, the court cannot try to expand the scope of the provision by considering the adverse impact that a tobacco or tobacco product can have on the society and particularly the younger generation," the judge added.

The judge said the complainant seemed to have been under the impression that since the producers and the distributors of the movie were engaged in erecting the banners/posters with the lead actor shown to have been smoking, the same would constitute an offence under Section 5 of the COTPA.

The producers and the distributors in the present case were engaged in movie business and were not engaged in the business of cigarettes or other tobacco products. This vital distinction between what has been stated in the provision and what comes out of the allegations made in the complaint makes all the difference.

"In the light of the above discussions, the continuation of the criminal proceedings as against the accused persons will amount to an abuse of process of court, and hence, it requires interference of this court," the judge added and quashed the proceedings.

Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.



New Delhi, Feb 23 (PTI): Amid the USAID funding row, the Congress on Sunday accused the BJP of indulging in "anti-national work" by spreading "fake news from America" and asserted that Prime Minister Narendra Modi and External Affairs Minister S Jaishankar will also have to answer as to why the government is silent when US President Donald Trump and Elon Musk are "insulting" India repeatedly.

The BJP has rejected all such allegations of the Congress and called Rahul Gandhi a "traitor", accusing him of colluding with foreign forces in his bid to weaken India.

Congress general secretary in-charge Jairam Ramesh said, "BJP is a procession of liars and illiterates.The news about USD 21 million, on which the BJP and their bootlickers were jumping on, turned out to be fake.The USD 21 million in 2022 was not for 'voter turnout' in India, but for Bangladesh."

"Elon Musk made a fake claim, Trump got confused between Dhaka and Delhi, Amit Malviya spread the lie further, then the rest of BJP's bootlickers seized on it," he charged.

Ever since the Trump administration's DOGE said on February 16 that USAID has cancelled the USD 21 million funding for "voting in India", the BJP has been making fabricated allegations against the Congress, Ramesh said in his post in Hindi on X.

"But now it is coming to light that this entire news is fake. When the money has not even reached India, then what would be the cancellation?" he said.

The controversy is actually about two USAID grants on DOGE's list that were given through the Washington-based Consortium for Elections and Political Process Strengthening (CEPPS), the Congress leader said.

The CEPPS was supposed to receive a total of USD 486 million from USAID, he said, adding that according to DOGE, the funds included USD 22 million for Moldova and USD 21 million for "voter turnout in India", he said.

"The first fund USAID gave to CEPPS for Moldova was in 2016 with the ID AID117LA1600001. But the USAID USD 21 million grant for India marked by DOGE is completely fake. Because it was for Bangladesh, not India," he claimed.

And the reality is that of the USD 21 million earmarked for Bangladesh, USD 13.4 million has already been disbursed before the January 2024 elections, Ramesh said.

"Every federal grant specifies the country in which it is to be used. According to US federal spending, there have been no USAID-funded CEPPS projects in India since 2008. The only ongoing USD 21 million USAID grant to CEPPS, ID 72038822LA00001, was approved in July 2022 for Bangladesh's 'Amar Vote Amar' (My Vote Is Mine)," he pointed out.

"In November 2022, the purpose of the grant was changed to 'USAID's Nagorik Programme'. A USAID official in Dhaka also confirmed this on social media during his US visit in December 2024: 'I manage the USD 21 million CEPPS/Nagorik project funded by USAID'," Ramesh said.

"Now the BJP should just answer this: Why did the BJP spread fake news about India's democracy? Why did the BJP did anti-national work by spreading fake news from America? If BJP's accusing India's opposition party over fake news from America is not treason, then what is it?" he said.

Ramesh said "Prime Minister Narendra Modi and External Affairs Minister S Jaishankar will also have to answer, Donald Trump and Elon Musk are insulting India again and again, and why is our government silent on this?"

The Congress leader said "Is it the case that the country's self-respect has been compromised in the process of begging for mercy for Adani?"

Trump for the fourth time in recent days has claimed that the Biden administration allocated USD 21 million funding to India for voter turnout , evoking a sharp response from the Congress which urged Prime Minister Modi to talk to his friend and strongly refute the allegation.

The opposition party has demanded a white paper on the funds received in India from developmental agencies, aid mechanisms and multilateral forums.

It also sought legal action against the RSS-BJP and their ecosystem for making wild allegations against credible civil society members, NGOs and political parties.

In Washington, speaking at a 'Governors Working Session,' Trump had said: Twenty-one million dollars going to my friend Prime Minister Modi in India for voter turnout. We're giving 21 million for voter turnout in India. What about us? I want voter turnout too.

A video clipping from the event was posted on social media by the White House on Friday.

Trump also said that money went to strengthen the political landscape in Bangladesh to a firm that nobody ever heard of.

In New Delhi, reacting to Trump's remarks, the Congress on Saturday demanded a comprehensive white paper on the funds that political parties, individuals, NGOs, organisations received from developmental agencies, aid mechanisms and multilateral forums.

The white paper should not only focus on USAID funding, but all such agencies which fund both governments, individuals and all other entities under Indian law, Congress' media and publicity department head Pawan Khera said on Saturday.

Hitting back at Khera, BJP leader Ajay Alok said the Congress people have probably lost their mind.