ORDER: This revision has been filed against the orders passed by the XIV Metropolitan Magistrate in Crl.M.P. No.4986 of 1998 in C.C. No. 7914 of 1997 on its file, dismissing the application for dropping proceedings against the petitioners herein of offences under Secs.500, 501, 502 and 153, I.P.C.

2. Before going into objections raised by the petitioners, a brief narration of the facts as revealed by the complaint is necessary:

The complainant/respondent Thiru Sathiyamoorthy who is a Law Graduate and was an elected member of the Legislative Assembly in 1980 and 1991 belong to All India Anna Dravida Munetra Kazhagam (hereinafter referred to as “AIADMK”) and was a Minister for Commercial Taxes during the period 1993 to 1996. In addition, he was also the Head Quarters Secretary of the AIADMK. He was also the District Secretary of the party for Ramanathapuram District. As such he was being a respected and honoured by every person in the party.

3. The first petitioner is the Printer, Publisher and Proprietor of Nakeern publications, while the second petitioner is the Editor and Administrative Editor of Nakkeeran Publications. The accused were responsible for publishing weekly magazine Nakkeeran and the issue dated 30.9.1997 among other news articles contained a publication which reads as follows in the vernacular:

4. The Translation of the said publication would be as follows:

“Is there any news relating to Jeyalalitha?” She has not changed yet. She is under the impression that she is still governing the State. While she was ruling the State, she indulged in hooliganisam with the help of the police, but now she has dared to do with her party men.

“Would you explain in detail?”

Because of the riots at the southern region of Tamilnadu, the people were dissatisfied with the D.M.K. party which was ruling then. But of late such riots were found to come down. But Jeyalalitha apparently did not like this and she openly stated so to the effect that communal violence should erupt again and that Dr. Krishnasamy who belongs to the community of Devandra Kula Vellalar should be done away and that this plan has been mooted out to be done through the previous Minister, hailing from Salem District. In order to carry out the aforesaid design, money has also been paid.

“It appears to be a horrible plan?”

If this plan works out and the communal violence erupt, it can be put down only if the military steps-in. If such a situation has been created, the D.M.K. Ministry will be put to difficulties and that it will earn the wrath of the Dalith people, hence Jeyalalitha has planed, as stated above.

“Will not better sense prevail over such politicians”.

5. According to the complainant, the abovesaid allegations are totally false and it suggests that some atrocities were committed during the previous regime with the help of the police. This is untrue and deliberately made with a mischievous intention to divide the party cadre. Further news item creates the impression that the General Secretary J. Jeyalaitha was interested in the continuation of communal riots in the Southern Districts and for that purpose prepared to arrange and to support with finance through some ex-Minister even to carry out the murder of Dr.Krishnasamy. It further deliberately states that she has decided to commit various other criminal acts through her (AIADMK) partymen since she is out of power.

6. The complaint further deals as to how the said article has been viewed by the party men and the public and it will not be necessary for us to go into these details for the purpose of deciding this issue, since those are not the matters that has been agitated over here.

7. Though several points had been raised in the petition, the counsel for the accused confined his arguments only to the following two points: (a) The alleged offending portion of the report never reveals any direct or indirect imputation against the AIADMK as such, much less against the complainant. Therefore, he is not the competent per

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