The Hindu : Tamil Nadu / Chennai News : Magazine moves High Court against PMK complaint

Online edition of India's National Newspaper
Friday, Dec 23, 2005

Tamil Nadu

Tamil Nadu - Chennai

Magazine moves High Court against PMK complaint

Special Correspondent

CHENNAI: A Tamil biweekly has moved the Madras High Court to quash the proceedings initiated against it by the Pattali Makkal Katchi on the ground that the mandatory sanction from the State and Central Governments had not been obtained by the complainant.

Admitting the petition filed by P.V. Parthasarathy (81), former publisher of Kumudham Reporter, Justice M. Jeyapaul dispensed with his personal appearance before the Chief Metropolitan Magistrate court here on December 26.

The matter relates to an article on Union Minister for Health and Family Welfare Anbumani Ramadoss, which was published in the issue dated October 12.

Party reputation

Alleging that the article lowered the reputation of the PMK, G.K. Mani, legislature party leader, initiated the defamation proceedings.

Mr. Parthasarathy submitted that he ceased to be publisher of the biweekly in September 2004. Besides, since the article criticised Dr. Ramadoss in his capacity as Union Minister, Mr. Mani had no locus standi to file a defamation complaint. Also, the complaint ought not to have been taken on file without sanction from the State or Central Government under Section 196 of the Code of Criminal Procedure.

Defamatory article

He said the article was not defamatory in nature, and added that the complaint aimed to "muzzle the press and prevent the magazine from reporting in a free and fair manner. It is an arm-twisting tactic and constitutes infringement of the fundamental rights to speech and expression guaranteed to the press."

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