Police have not taken any action to find the real culprit in Beep song issue- Silamabarasan's advocate

  • IndiaGlitz, [Monday,December 28 2015]

The Beep song controversy still remains the talk of the town and actor Silambarasan is facing huge flak from the public which has transformed into police complaints and cases registered against him. The Madras High Court refused to stay his arrest by the police and there are rumors that the multi-talented celebrity is staying under the ground to avoid arrest.

At this juncture, Advocate Thyageshwaran, the legal counsel of Silambarasan, shares the exact details about the complaints and cases registered against his client and the actions taken from their side and police side. The interview also dispels many rumours associated with the entire case.

There are reports that so many complaints and cases have been filed against Silamabarasan in many police stations and courts? Exactly how many cases have been registered against him and in which stations?

As of now, two complaints have been filed in Coimbatore Race coruse Police station and Cyber Crime branch, Egmore Chennai. Only in these two complaints FIR has been registered. Only in these cases we have approached the court seeking anticipatory bail. There are a few other cases filed by private parties in magistrate court.

Under what legal sections, these complaints/cases have been filed?

The FIR filed in Coimbatore Race course police station mentions three sections. Indecent Representation of Womens Prohibition Act 1986, Section 4 & 6, Indian Penal Code, section 509 and Information Technology Act, Section 67. In these three sections, cases have been registered.

If criminal charges against Simbu were proved, what punishment will he get?

In this FIR they have given three sections. 509, 2 years, 4& 6, 2 years (imprisonment) and IT act (imprisonment), 3 years. All three sections are bailable.

Is it true that Simbu's house has been raided by Cyber crime?

It is wrong information. No one has made any search operation in Simbu's house so far.

On January 4 2016, will Simbu and Anirudh appear in Court?

Both of them have received the summons and they are definitely answerable. As far as we are concerned, we have already approached the High Court on behalf of Simbu. Our next course of action will be based on the next ruling of the HC in this matter.

Coimbatore Police station has already summoned Simbu to appear on January 2. We have mentioned this in the HC hearing and the Judge has asked the Public Prosecutor to postpone the date after January 4 (as hearing in Court has been scheduled on that date0. After that we haven't received any information about the new date when SImbu has to appear in Coimbatore station.

What were your arguments defending Simbu in the court?

Simbu did not upload, broadcast, publish or transmit the song anywhere. So the basic ingredient of the provision has not been attracted. Our first argument is that Simbu has not done any mistake. Secondly, usually in cinema it is a regular practice to record songs with dummy words. This is one such song. A song that was not intended for release. It's a general tune and this tune will have many gaps. These gaps have been filled with beeps. One such song has been released by some third party after filling these gaps with cuss words, with intent of maligning Simbu's name and to spoil his reputation among women. We have also registered a case to cancel the FIR filed against Simbu. That case will be heard by the Court on January 5, 2016.

Do you have any plans to release the original version of the song?

Definitely there is an original version of the song. It will be released if either the Court or police seeks for the same.

From your side have you taken any individual step as a lawyer?

This legal provisions and sections are actually against the person who would have released the song. We have already given a complaint seeking that the Police should thoroughly investigate and find who has released the song and take action against that person. If we have to do it individually we can do it only through a detective agency. We cannot find the IP address and all. It is technology related. The Cyber Crime (branch of the police) is equipped with all requisite facilities to do this. They have special trainers and hackers. Its police's duty to trace it out and find. If that is done, the full details of the case will be revealed. It will become an easy case. Why the police has not done this so far, remains a secret.

Simbu has not made a public appearance ever since this controversy erupted. It is rumoured that he has absconded. Is that true?

No He is in Tamil Nadu only. His parents T.Rajendhar and Usha Rajendhar have said that he is TN only.

What kind of actions, Police is taking?

If you see, Madhar Sangam gives a complaint on 12th of December and it was registered by the police on the same day. Immediately after knowing this, TR who was in Hyderabad comes to Chennai. On 13th, Sunday, he visits the Commissioner office and registers a complaint in which he has stated that this song has been stolen and released with interpolated words and the culprit has to be nabbed immediately and punished. The receipt for our complaint was given to us on 16th. But till date police have not taken any action on the complaint. Other cases are registered and FIR is filed within four hours. But for our complaint the FIR itself is yet to be filed. We don't know why? With today's level of advanced technology they can easily find from which server and whose IP this song has been released. We are still perplexed as to why the police has not taken any action on this. We have decided to approach the High Court for this also. Court can give the direction to file FIR and start the investigation.