The Supreme Court today took strong objection to the Tamil Nadu government using defamation as a tool to muzzle political opposition..While hearing a plea filed by actor politician Vijayakanth, Dipak Misra and Rohinton Fali Nariman JJ has directed the Tamil Nadu government to furnish details of all defamation cases either filed through the office of public prosecutor on behalf of Tamil Nadu CM, Jayalalithaa. Advocate GS Mani appeared for Vijayakanth..In this particular case, a non-bailable warrant was issued against Vijayakanth for some remarks the actor allegedly made against Jayalalithaa. It was this case that eventually reached the apex court..When the matter came up for hearing today, the court said that though defamations provisions should remain in statute book, they should not be abused..“For any criticism like corruption in the government or that one is unfit to run the government, you can’t slap defamation cases. Defamation law cannot be used as a political weapon. .Even though we upheld defamation law, if we find there is a deliberate design to engage government law officers to file cases, it is the duty of the court to protect them.”.The case has now been listed for hearing on August 21..Earlier this year, the Supreme Court had upheld the Constitutional validity of criminal defamation provisions in the Indian Penal Code and Code of Criminal Procedure..Interestingly, the Bench which gave the judgment upholding the laws was presided by Justice Dipak Misra, who is now hearing this case.
The Supreme Court today took strong objection to the Tamil Nadu government using defamation as a tool to muzzle political opposition..While hearing a plea filed by actor politician Vijayakanth, Dipak Misra and Rohinton Fali Nariman JJ has directed the Tamil Nadu government to furnish details of all defamation cases either filed through the office of public prosecutor on behalf of Tamil Nadu CM, Jayalalithaa. Advocate GS Mani appeared for Vijayakanth..In this particular case, a non-bailable warrant was issued against Vijayakanth for some remarks the actor allegedly made against Jayalalithaa. It was this case that eventually reached the apex court..When the matter came up for hearing today, the court said that though defamations provisions should remain in statute book, they should not be abused..“For any criticism like corruption in the government or that one is unfit to run the government, you can’t slap defamation cases. Defamation law cannot be used as a political weapon. .Even though we upheld defamation law, if we find there is a deliberate design to engage government law officers to file cases, it is the duty of the court to protect them.”.The case has now been listed for hearing on August 21..Earlier this year, the Supreme Court had upheld the Constitutional validity of criminal defamation provisions in the Indian Penal Code and Code of Criminal Procedure..Interestingly, the Bench which gave the judgment upholding the laws was presided by Justice Dipak Misra, who is now hearing this case.