Madras High Court quashes defamation cases filed against DMK chief Stalin during Jayalalithaa’s tenure

Judge says there must be bonhomie among political leaders

December 10, 2020 09:01 pm | Updated 09:01 pm IST - CHENNAI

DMK president M.K. Stalin greets supporters at the Coimbatore International Airport on December 4, 2020.

DMK president M.K. Stalin greets supporters at the Coimbatore International Airport on December 4, 2020.

The Madras High Court on Thursday quashed four criminal defamation cases that had been slapped against Dravida Munnetra Kazhagam (DMK) president M.K. Stalin between 2012 and 2015 for having criticised the then Chief Minister Jayalalithaa.

Justice N. Sathish Kumar found no substance in prosecution launched for criticising Chief Minister’s stay in Kodanad, claiming that Siruthavur bungalow had been constructed on encroached land and reprehending the opening of Chembarambakkam lake during the 2015 Chennai floods .

Also read | Supreme Court shocked by slew of defamation cases in Tamil Nadu

The judge agreed with Mr. Stalin’s counsel P. Kumaresan that people holding high office and those in public life must show some tolerance and should not waste the time of the courts by filing criminal defamation cases at the drop of a hat.

He also concurred with State Public Prosecutor (SPP) A. Natarajan that politicians must show restraint and should avoid making scurrilous remarks. The judge said there must be a bonhomie among political leaders, and they must set an example to others.

Though as many as 12 quash petitions filed by the DMK president had been listed before the judge on Thursday, he quashed four of them since it was reported that the co-accused in those cases had already obtained favourable orders from the High Court.

Also read | A wrong call that sank Chennai

When it was brought to the notice of the judge that the defamation case in 2012 was filed because Mr. Stalin had accused Jayalalithaa of vacationing in Kodanad when there was an outbreak of cholera in Chennai, he wondered how the State would prove the charge.

“It is an admitted fact that the then Chief Minister was residing in Kodanad and discharging her official functions from there. What is the defamation in this? How are you going to prove it? In what way has this statement affected her official functions?” he asked.

In reply, the SPP stated that it was not right on the part of the petitioner to have accused the then Chief Minister of having gone on vacation to Kodanad. He also said that the State was ready to prove its case during trial by producing witnesses.

Further, during the hearing of the petition to quash the prosecution launched for reprehending the opening of Chembarambakkam lake in 2015 , the judge appreciated the State government for the precautionary measures taken during the recent monsoon.

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