The Madras High Court on Tuesday appointed an advocate commissioner to record the evidence of AIADMK general secretary Edappadi K. Palaniswami, at his official residence in Chennai, in a 2019 defamation suit filed by him agaisnt journalist Mathew Samuel and others for having linked his name with the 2017 Kodanad heist-cum-murder case.
Justice N. Sathish Kumar named advocate S. Karthikei Balan as the court appointed commissioner to record the evidence and adjourned the next hearing of the defamation suit by a month. The orders were passed on an application by Mr. Palaniswami stating the litigants would be put to hardship if he had to come to court to adduce evidence.
Senior counse N.R. Elango, representing Mr. Samuel, had vehemently opposed the plea to appoint an advocate commissioner. He contended that it was essential to record the demeanour of the witness at the time of adducing evidence and claimed it could be done best only by the Master in the High Court and not by an advocate commissioner.
Pointing out the suit had been filed by Mr. Palaniswami, the senior counsel said, the litigant could not now refuse to come to court for adducing evidence after having dragged the journalist to the court. Stating that serious allegations had been levelled in the suit, he expressed reservations over cross examining the plaintiff through an advocate commissioner.
However, the judge overruled the objections and ordered recording of evidence through the advocate commissioner.
