Sanction order of Public Secretary is a mechanical one: counsel

The Madras High Court on Friday stayed till January 4 all further proceedings pursuant to a government order of November 16 this year granting sanction to the Public Prosecutor, Krishnagiri district, to prosecute Leader of the Opposition Vijayakant for allegedly defaming the Chief Minister in a speech.

Justice N. Paul Vasanthakumar passed the order on a petition by Mr. Vijayakant.

In the petition filed through counsel V.T. Balaji and S. Namo Narayanan, Mr. Vijayakant said the sanction order of the Public Secretary was a mechanical one.

There was no analysis or description as to how his speech was defamatory against the Chief Minister in respect of her conduct in her public functions.

It was a settled principle in law that the complaint should reproduce the entire version of the speech and it should pinpoint the defamatory point and explain how it was defamatory.

In the instant case, the speech had not been reproduced in its entirety. There was no narration as to how the Chief Minister was defamed by the imputation.

The complaint had been filed before the Principal Sessions Judge, Krishnagiri. The court had taken cognisance of the complaint and issued summons to Mr.Vijayakant.

The G.O. was “an act of vengeance to curtail the petitioner’s political activities,” Mr.Vijayakant said and prayed the court to quash the G.O.


High Court dismisses Vijayakant’s petition December 18, 2012

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