Take criminal defamation complaint against Speaker Appavu on file, Madras High Court directs Principal Sessions Court
An AIADMK office-bearer had filed the case accusing the Speaker of having made a “fictitious” claim of 40 MLAs having desired to shift loyalties after Jayalalithaa’s death
The Madras High Court has directed the Principal Sessions Court in Chennai to take on file a private complaint lodged by an All India Anna Dravida Munnetra Kazhagam (AIADMK) office-bearer accusing Tamil Nadu Legislative Assembly Speaker M. Appavu of having committed the offence of criminal defamation.
Justice G. Jayachandran also directed the principal sessions court to proceed further with the complaint in accordance with law. The directions were issued while disposing of a criminal original petition moved by AIADMK legal wing joint secretary and spokesperson R.M. Babu Murugavel.
The petitioner had taken objection to a speech delivered by the Speaker in a book release event held in Chennai on November 21 last year. He accused the Speaker to have claimed that around 40 AIADMK Members of the Legislative Assembly were ready to join the Dravida Munnetra Kazhagam (DMK) after Jayalalithaa’s death in 2016.
Citing news reports about the speech, the petitioner said, the Speaker had told the audience that a prominent AIADMK leader had contacted him to facilitate the shifting of loyalties and that the message was duly conveyed to the DMK president and incumbent Chief Minister M.K. Stalin too.
In the course of the speech, the Speaker had claimed that Mr. Stalin took a principled stand at that point of time and refused to come to power without securing the people’s mandate, the petitioner said and accused the Mr. Appavu of having narrated a “fictitious” incident with the sole intent of defaming the AIADMK.
Hence, the petitioner, in his capacity as an office-bearer of AIADMK, filed a private complaint against the Speaker for the offences of criminal defamation under Sections 499 and 500 of Indian Penal Code. The complaint was initially filed through e-filing system before the second Metropolitan Magistrate court in Egmore.
However, it was returned on the ground that it must be preferred only before a special court for cases against MPs and MLAs. Thereafter, the complaint was filed before the Principal Sessions Court which has the power to transfer the case to the appropriate court. Yet, it was not taken on file forcing the petitioner to approach the High Court.
Justice G. Jayachandran initially directed the petitioner to approach the Registrar (Information Technology) of the High Court to get the issues in e-filing sorted out. After it was reported that that the issues had been sorted out, he directed the Principal Sessions Court to take the complaint on file and proceed in accordance with law.
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