The Hindu : National : Tamil Nadu files affidavit to withdraw 125 defamation cases against media

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Saturday, Sep 18, 2004

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Tamil Nadu files affidavit to withdraw 125 defamation cases against media

By J. Venkatesan

NEW DELHI, SEPT. 17. The Tamil Nadu Government today filed an affidavit in the Supreme Court, along with a copy of the "Government Order" issuing directions for withdrawal of all the 125 defamation cases against The Hindu and other newspapers and magazines pending before a Chennai court and the Madras High Court.

Counsel for the State, Subramoniam Prasad, filed the affidavit before a Bench consisting of Justice Y.K. Sabharwal and Justice D.M. Dharmadhikari. It is hearing three writ petitions filed by the Editor of The Hindu , N. Ravi and nine other representatives of the newspaper and the Editor of Junior Vikatan, S. Balasubramaniam and the Editor of Kalki, K. Rajendran. The petitioners had challenged Section 499 of the Indian Penal Code relating to criminal defamation law as well as the defamation cases filed against them. Counsel told the Bench that the Government had filed an affidavit as per the court's earlier directions.

According to the G.O. dated June 6, the State Government, after a careful consideration, had decided to withdraw the 125 defamation cases. "The Public Prosecutor, Chennai city, is requested to consider and file withdrawal petitions under Section 321 of the Cr.P.C. in the courts concerned for withdrawal of the cases and the Special Government Pleader (Civil Suits), Madras High Court to file necessary petitions for withdrawal of the civil suits," the G.O. stated.

Counsel for the petitioners, however, brought to the court's notice that the cases were still before the trial court. In the light of this submission, the Bench granted three months time to enable the Public Prosecutors to file the necessary applications for withdrawal of the respective cases and the court to take follow-up action.

The court had earlier issued notice to the Centre, the Tamil Nadu Chief Secretary and the City Public Prosecutor on these petitions.

`Chilling effect'

The petitioners challenged the vires of Section 499 IPC insofar as it related to statements made with respect to the conduct of public functionaries. They contended that the filing of hundreds of defamation cases against newspapers and magazines at the cost of the State exchequer had a "chilling effect" on the functioning of the media. In the absence of adequate safeguards either in the IPC or in the Cr. P.C., Sec. 499 IPC was being misused by those in power and under the present law "truth is no defence in such cases".

The impugned provisions of the IPC went beyond the requirements of reasonable restrictions and were hence liable to be struck down, they said and sought quashing of the proceedings pending against them before the Principal Sessions Judge, Chennai and the Madras High Court.

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