The Hindu : Karnataka / Bangalore News : Court asked to consider remarks made by other legislators too

Online edition of India's National Newspaper
Wednesday, Aug 02, 2006

Karnataka

Karnataka - Bangalore

Court asked to consider remarks made by other legislators too

Staff Reporter

Reporters can be questioned to find out the exact remarks made by Janardhan Reddy

Bangalore: Principal City and Sessions Judge K.N. Keshava Narayana was told on Tuesday by the Special Public Prosecutor C.H. Hanumanatharaya that the court should take into account remarks made by other members of the legislature too while trying the defamation case filed against BJP MLC N. Janardhan Reddy. The remarks made by him were that Chief Minister H.D. Kumaraswamy and his family accepted Rs. 150 crore from mine owners in the State.

When the judge asked, "If during the trial it was found other legislators too had made similar allegations against the Chief Minister, whether they too could be sued for defamation, or if it would require the sanction of the Governor in each instance,'' Mr. Hanumantharaya said they too could be sued without sanction being sought each time. "Though the defamation case is against Mr. Janardhan Reddy for statements made in the legislative assembly, some of the remarks were ordered by the Speaker not to be taken into official records and they constitute grounds for defamation,'' Mr. Hanumantharaya said. If statements, which went into official records, were repeated outside the House, they too could be grounds for defamation, he added.

Video recordings of the alleged defamatory statements made by Mr. Janardhan Reddy outside the legislature were submitted to the court as evidence. Newspaper clippings of these statements were also submitted. While the court could not act only on the basis of the recordings or clippings, the reporters involved could be questioned to find out the exact verbal remarks made by Mr. Janardhan Reddy.

The Special Prosecutor submitted that the case was filed under Section 199 of the Criminal Procedure Code, which refers to allegations made against persons holding public office. The judge posted the case for passing orders on August 8.

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