Tamil Nadu   

Azhagiri discharged from video piracy case

MADURAI: The Madras High Court on Wednesday dismissed a State appeal against an order passed by a lower court here discharging M.K. Azhagiri, son of Chief Minister M. Karunanidhi, from a video piracy case.

Justice S. Ashok Kumar said Mr. Azhagiri could not be implicated in the case as he was imprisoned in connection with another case when the police searched his video library on June 16, 2003 and reportedly seized a large quantity of pirated video cassettes and compact discs.

Further, he pointed out that the Chief Minister’s son had produced a power of attorney executed by him in favour of the second accused to manage the affairs of the video library.

“Therefore, when the respondent was in prison on the date of search and also he has given power of attorney…it cannot be held that the respondent had any role in the commission of the crime,” the Judge observed.

Mr. Justice Kumar cited two Supreme Court decisions wherein it was held that it was imperative to prove that an accused was in-charge of the affairs of the business on the date of commission of offence. A person could not be drawn into a case just because he was a co-owner of a business firm without ascertaining whether he was actively involved in the administration.

The video piracy cell had laid a charge sheet in the case before Judicial Magistrate V here on August 25, 2003 under various sections of the Copyrights Act and the Tamil Nadu Cinematography Act. The Magistrate, on October 15, 2004, dismissed an application filed by Mr. Azhagiri to discharge him from the case. However, Fast Track Court II on February 2, 2006 allowed an appeal against the Magistrate’s order and hence the present revision.

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