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Madras High Court stays proceedings in 14 defamation cases against Vijayakanth

The judge also dispensed with their personal appearance before the courts in connection with these defamation cases.

Chennai: In a relief for DMDK leader Vijayakanth and his wife, Premalatha, the Madras high court has stayed all further proceedings against them in 14 defamation cases filed by public prosecutors on behalf of Chief Minister and other ministers, pending before various lower courts in the state.

Granting the interim stay, Justice P.N.Prakash admitted the petitions from Vijayakanth and his wife Premalatha, which sought to quash the defamation proceedings against them. The judge also dispensed with their personal appearance before the courts in connection with these defamation cases.

According to Vijayakanth, on the petitions filed by him and BJP leader and Rajya Sabha MP Subramaniam Swamy, the Supreme Court had on May 13, 2016 upheld the validity of section 199 Cr.P.C (granting sanction) and section 499 and 500 IPC (defamation). But, the apex court had strongly criticised the judicial functioning of the principal district and sessions judges with regard to the issuance of summons to the accused in the defamation complaints filed by public prosecutors on sanction without examining the defamatory speech and the complainant. The apex court also gave liberty for approaching the high court for quashing such defamation complaints, in which the principal district and sessions judges had issued summons without examining the defamatory speech and complainant properly, he said.

He said he was a former leader of Opposition in the Assembly. In his entire personal and public life, he never made any defamatory speech or remark against any women, including Chief Minister J.Jayalalithaa. But, a duty bound fair criticism with regard to mal-governance and corruption against the government and its minister concerned was made by him in public meeting.

A thorough reading and perusal of the alleged defamatory speech would establish that only it was a duty bound fair criticism against the government.

Thus, no defamation offence was made out against him, he added.
He said more than 100 defamation cases had been filed against him and his party members as well as against other opponent political leader and the media by the government.

( Source : Deccan Chronicle. )
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