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High court exempts Vijayakanth

Court notices center and state to declare provisions of section 199(2) and (4) of CrPC

Chennai: The Madras HC has dispensed with the personal appearance of DMDK leader Vijayakanth before a sessions court in Namakkal in connection with defamation proceedings initiated against him by the state government. A division bench, comprising justices R. Sudhakar and K.K. Sasidharan, also ordered notice to the Union and state governments on a petition from Vijayakanth, to declare the provisions of section 199 (2) and (4) of the CrPC (enabling the public prosecutor to file defamation complaint on behalf of public servant) as illegal and ultra vires the Constitution.

The bench said the appearance of the petitioner before the PSJ, Namakkal, was dispensed with until further orders. According to Vijayakanth, the provision giving special treatment to the state authorities in respect of defamation was not only against the constitutional protection under Article 14 and 19 but also against the content of section 499 IPC (defamation) read with section 199 (1) of CrPC.

( Source : dc corespondent )
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