The Madras High Court has ordered the transfer of trial, in a criminal defamation case filed by film director Susi Ganesan against filmmaker Leena Manimekalai, from the IX Metropolitan Magistrate to the XI Metropolitan Magistrate at Saidapet in Chennai due to certain procedural violations.
Justice G. Chandrasekharan however, made it clear that he did not find any material to prove the accusation that the IX Metropolitan Magistrate was biased in favour of Mr. Ganesan and supporting him during the course of the trial in the case, which was filed after Ms. Manimekalai named the director during the #MeToo movement against sexual harassment.
However, the judge found that the Magistrate had committed three procedural violations. First was the acceptance of proof affidavits filed by six prosecution witnesses, instead of their examination on oath in open court for the purpose of recording their examination in chief.
The second violation was the conduct of the chief examination, through acceptance of proof affidavits, even before Ms. Manimekalai could be questioned under Section 251 of the Code of Criminal Procedure to know whether she pleads guilty of the offence or had any defence to make.
Thirdly, the Magsitrate had permitted scrapping of evidence of four out of the six prosecution witnesses without giving an opportunity to the other side to oppose this plea. These violations make out a ground for transferring the trial from one Magistrate to another, the judge held.
Allowing a petition filed by the filmmaker for transfer of trial, the judge said, it would not be advisable to continue the proceedings before the IX Metropolitan Magistrate since she apprehends that justice may not be done to her. He also directed the XI Metropolitan Magistrate to complete the trial, preferably within three months.
