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Court declines to quash defamation proceedings against Vijayakant

Special Correspondent

Declares Arcot Veerasamy "competent" to file a complaint

CHENNAI: The Madras High Court on Tuesday declined to quash defamation proceedings initiated by Electricity Minister Arcot N. Veerasamy against Desiya Murpokku Dravida Kazhagam (DMDK) leader Vijayakant.

Aggrieved by Mr. Vijayakant's statement that Income Tax authorities raided his premises at the instance of Chief Minister M. Karunanidhi, Mr. Veerasamy preferred a private complaint against him. Mr. Vijayakant moved the Madras High Court to quash the proceedings claiming that Mr. Veerasamy lacked locus standi, as the alleged imputation referred neither to the DMK nor to Mr. Veerasamy. Rejecting the contention, Justice K.N. Basha held that since Mr. Veerasamy was a member of the Cabinet headed by Mr. Karunanidhi, he came under the category of "some other person" as described under Section 199(1) of the Code of Criminal Procedure.

"From the reading of the Section it is crystal clear that not only the person against whom the defamation is made, but also `some other person,' who has been aggrieved by such remark, is also entitled to file a complaint for the alleged offence of defamation.

As Mr. Veerasamy was a Minister and treasurer of the party headed by Mr. Karunanidhi, it was natural that he was aggrieved over the alleged remarks, the Judge said, adding: "Therefore, in view of the well-settled principles laid down by the Supreme Court this court has no hesitation to hold that Mr. Veerasamy is a competent person to file a complaint and is having locus standi to initiate the proceedings for the alleged offence of defamation against Mr. Vijayakant as he clearly comes under the category of `some other person'... "

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