The judgment emphasizes the importance of freedom of the press and the duty of the press to provide information to the public, while also highlighting the limitations on defamation laws in the context of public figures.

1. Since both writ petitions have been filed challenging one and the same proceedings, viz., C.C. No.11 of 2012, they are considered and decided by this common order.

2. The petitioners in these writ petitions, who are with India Today Tamil Weekly, are facing prosecution in C.C. No.11 of 2012 before the Principal Sessions Court, Chennai, for the offences under Sections 499(2) read with 500 and 501 IPC, for quashing which, they have preferred these writ petitions.

3. Heard Mr. Sundar Narayan, learned counsel for the petitioners and Mr. A. Natarajan, learned Public Prosecutor appearing for the State, assisted by Mrs. Kritika Kamal, P., learned Government Advocate.

4. The prosecution in C.C. No.11 of 2012 was initiated on a complaint in writing made by the City Public Prosecutor, Chennai, alleging that the petitioners herein have defamed late J. Jayalalitha, the then Hon'ble Chief Minister of Tamil Nadu in the article “TAMIL” (time for retaliation) in the Tamil weekly edition of India Today dated 08.08.2012. After obtaining the requisite sanction under Section 199 (4)(b) Cr.P.C. from the State Government, the City Public Prosecutor, has filed the impugned complaint, as stated above.

5. In the impugned complaint, the alleged defamatory portions have been extracted and they are as under together with free translation:

“A photo of J. Jayalalitha and Sasikala sitting next to each other and the caption thereon stating “TAMIL” (Jaya and Sasi relationship; thirty years history).

“TAMIL” (Removal of Sengottaiyan from the party and Minister-ship shows that Sasikala is once again gaining influence in the party and administration. The future of infuriated AIADMK cadres and the State administration becomes a question mark).

“TAMIL”

(In the matter of Sengottaiyan, Sasikala has hit three mangoes in one stone. Firstly, she wreaked vengeance on the person who was responsible for her ouster from the party. Secondly, by taking action against Sengottaiyan, she has sent a clear message to the party functionaries who are sitting like cat on the wall that it is only she who is having an upper hand in the party. Thirdly, she has removed Sengottaiyan from the race, who was considered to be having a chance of becoming the Chief Minister in the event of Jayalalitha being convicted in the acquisition of disproportionate assets case before the Bangalore Court.)

6. On a reading of the aforesaid portions, this Court is not able to find even an iota of material to show that there is any imputation intending to harm the reputation of Jayalalitha, the then Hon'ble Chief Minister. However, the learned Public Prosecutor submitted that on a reading of the entire article, the public could draw an inference that Sengottaiyan was removed from the Ministership only at the instance of Sasikala and this would amount to imputation.

7. This Court is not able to agree with the aforesaid submission, inasmuch as, in the impugned complaint, this aspect has not been put forth at all and what has been put forth has been extracted above. That the complainant cannot build up a case beyond the allegations in the complaint, is trite. Even on a reading of the entire article, this Court is not able to draw such an inference as argued by the learned Public Prosecutor and further, it is not open to this Court to strain the language employed in the article or to read between the lines, for arriving at such an inference. That apart, for maintaining a complaint of defamation via Section 199 (2) to (4) Cr.P.C., the imputation should be in respect of the conduct of the public servant in the discharge of his public functions. The impugned paragraphs extracted above only refer to the gaining of influence by Sasikala in the party affairs after a brief period of hybernation and coming back into the party fold.

8. The fact remains that the whole world knew that Sasikala was ousted from the party on 19.12.2011 and within three months, she was re-inducted into the party and thereafter, certain develop