Madras High Court Quashes Criminal Defamation Case Against DMK’s MP Kanimozhi
(Judicial Quest News Network)
The Madras High Court has quashed a criminal defamation case against DMK Leader Kanomozhi Karunanidhi for having criticised the previous AIADMK regime’s chief minister Edappadi Palaniswami.
Justice M.Nirmal Kumar found that the complaint was liable to be quashed since the statements made were political in nature and were not personal or related to the public functioning of the then Chief Minister.
“The petitioner belongs to the opposition party and political
statements have been made. The allegations made in the complaint are
political in nature and not on personal level and no way pertain to the public
functioning of the Hon’ble then Chief Minister. In view of the same, this Writ
Petition is liable to be quashed.”
In 2018 Kanimozhi participated in a DMK-led protest in Villupuram where she had crticised the then CM Palaniswami.The DMK, which formed the government in May, was in the Opposition at that time.
A defamation case was filed against her in the Villupuram district court for hurling corruption charges at Palaniswami in connection with waste disposal.
Kanimozhi later approached the High Court and filed a quash petition in 2019.It was argued by her that as an MP, she wished to sensitize the public on the government’s failure in eradicating corruption and attending to the basic requirements of the people and therefore, organised stste wide protest.
It was further submitted that on being requested by the party to participate in a demonstration and address rise in the corruption, Kanimozhi listed out the government’s failure. Her speech was, however, misquoted, and a complaint was filed against her the State had initiated prosecution.
“The first respondent relied on a hearsay statement of two persons said
to have witnessed the petitioner’s speech in the protest, filed the impugned
complaint, the alleged speech of the petitioner extracted in the complaint, does
not make out any offence under Section 499 of Cr.P.C. and by no stretch of
imagination it pertains to conduct of public functions. “She argued.
While delivering the order the court relied on the Judgement in
. From the perusal of the materials, it is seen that in the case of
K.K.Mishra Vs. The State of Madhya Pradesh and Another reported in CDJ 2019 SC 391, the Apex Court had drawn the guidelines with regard to the Section 199(2) Cr.P.C. which provides for a special procedure with regard to initiation of a prosecution for offence of defamation committed against the constitutional functionaries and public servants.
The court has also mentioned that considering the rival submission and on perusal of the materials, it is seen that though the Government has passed the G.O.Ms.No.674, dated 10.08.2021, for withdrawal of the case, in view of the orders passed by the Apex Court on 10.08.2021, in the case of Ashwini Kumar Upadhyay Vs.
Union of India and another in W.P.(C). No.699 of 2016, wherein certain
guidelines issued to check the misuse of prosecutor’s power in withdrawing cases under Section 321 Cr.P.C. Further the power under Section 321 Cr.P.C. is required to be utilized with utmost good faith to serve the larger public interest and it cannot be used for extraneous and political considerations, the nature and gravity of the offence, its impact upon public life especially where the matters involve public funds and the discharge of a public trust are involved to be seen. In the case of the sitting former MPs and MLAs directions issued that no prosecution case shall be withdrawn, without the lieu of the High Court.
Considering the precedent, it was found that on persual of the G. O and the complaint. It was seen that no such imputation of the G.O and the complaint, it is seen that no such imputation made in discharge of public function of then Chief Minister is found.
Senior Advocate P.Wilson appeared for Kanimozhi while the respondent were represented by State Public prosecutor Hassan Mohammed Jinnah.
[Read Order]
