2019 Supreme(Mad) 937
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBRAMANIAN, J.
G.K. Mani, President & Others – Petitioners
Versus
New Generation Media Corporation (P) Ltd., Rep. by its Managing Director & Others – Respondents
Original Application No. 272 of 2019 & Application Nos. 2187, 2188 of 2019 in CS No. 198 of 2019
Decided On : 08-04-2019
N.L. Rajah, Ar. L. Sunderasan, T.V. Ramanujam, Senior Counsels, M/s. K. Balu, Dr. Venkatesan, B. Saraswathi, Advocates.
Headnote:
Constitution of India, 1950 - Article 19(1) (a) - Official Secrets Act, 1923 - False and defamatory allegations - Publishing/telecasting news items or daily debates - Seeking permanent injunction - Plaintiff, he is president which is registered political party - Founder of is one and his son is Youth Wing Leader of said party - Plaintiffs that the party was found with aim and objective to eradicate property, to provide free education for children, to eradicate corruption and restore social justice - It is also contended that is fighting for total prohibition of liquor - 3rd defendant is founder leader of India Jananayaka Katchi and is also founder of the 1st respondent which is running a Television Channel in name of Television - 2nd respondent who is the son of 3rd respondent happens to be Managing Director of the 1st respondent Company - 3rd respondent is also founder of SRM University which runs a group of Educational Institutions including a Medical College - During, there were several allegations against institutions run by the 3rd respondent and parents of affected students approached the founder leader of plaintiff’s party - In order to espouse grievances of the parents – Held, learned Senior Counsel, 1st respondent invites people who are known of political opponents of plaintiff’s party and its leader to channel repeatedly and provides them a platform to hurl abuses against plaintiff’s party and its leader - Cases at least, according to learned Senior Counsel, an interim injunction would be a proper remedy - Political leaders are invited with reference to certain topics and during the debate if they expressed some views against plaintiff’s party and its leader, respondents cannot be held responsible, for such statements being made by political leaders - One cannot lose sight of fact that these political leaders come to participate in debates at invitation of 1st respondent - Choice of political leaders who participate in such debates is with 1st respondent - Plaintiff is not entitled to blanket injunction as prayed by him, it will be in interest of justice that views/responses of plaintiff’s party and its leaders for criticisms or imputations made against them by news channel itself or by political leaders who take part in debates or interviews on invitation from news channel are also published in news channel within 36 hours on receipt - Application is disposed of
1. The plaintiff, who is the President of a registered Political Party has filed the above suit seeking permanent injunction restraining the defendants from in any way publishing/telecasting news items or daily debates, caricatures of the plaintiff's party leaders or publishing/telecasting any news item/article touching upon the plaintiff’s party and its leaders containing false and defamatory allegations in Puthiyathalaimurai Television Channel run by the 1st respondent. Pending the said suit, the plaintiff has sought for a temporary injunction for the same reliefs.
2. According to the plaintiff, he is the president of the Pattali Makkal Katchi which is registered political party. The founder of Pattali Makkal Katchi is one Dr.S.Ramadoss and his son Dr.Anbumani Ramadoss is the Youth Wing Leader of the said party. It is the case of the plaintiffs that the party was found with the aim and objective to eradicate property, to provide free education for children, to eradicate corruption and restore social justice. It is also contended that the Pattali Makkal Katchi is fighting for total prohibition of liquor in the State of Tamil Nadu.
3. The plaintiff would further allege that the 3rd defendant is the founder leader of the India Jananayaka Katchi and is also the founder of the 1st respondent which is running a Television Channel in the name of Pudhiyathalaimurai Television. The 2nd respondent who is the son of the 3rd respondent happens to be the Managing Director of the 1st respondent Company. The 3rd respondent is also the founder of SRM University which runs a group of Educational Institutions including a Medical College. During June 2016, there were several allegations against the institutions run by the 3rd respondent and parents of the affected students approached the founder leader of the plaintiff’s party Dr.S.Ramadoss. In order to espouse the grievances of the parents, it appears that the founder leader Dr.S.Ramadoss had issued a statement on 22.06.2016 demanding the Government to take action against the 3rd respondent’s institution and also sought for CBI Investigation on the affairs of the institutions. This demand made by the founder leader of the Plaintiff’s party led to the 3rd respondent being arrested and subsequently the entire money collected from the students was paid back and the Criminal proceedings were closed by the Hon’ble Supreme Court. This according to the plaintiff led to the serious misunderstanding between the leaders of the plaintiff’s party, the 3rd respondent and the 2nd respondent who also happens to hold an important post in the University namely, SRM University, run by the 3rd respondent
4. In view of the fact that the founder leader of the plaintiff’s party was responsible for the investigation being speeded up the 2nd and 3rd respondents nurture malice against the plaintiff’s party and its leaders including the founder leader Dr.S.Ramadoss. This led to a vilification campaign being carried out by the 2nd and 3rd respondents using the media namely, Puthiyathalaimurai Television Channel run by the 1st respondent. It is also claimed that right from the date on which the allegations against the University belonging to the 2nd and 3rd respondents were made by the founder leader of the plaintiff’s party, the plaintiff’s party and its leaders were totally blacked out by the Television channel run by the respondents. However, in the recent past, particularly after the plaintiff’s party forged an alliance with ruling parties in the Centre and the State, the respondents have started a campaign with sole aim of maligning the plaintiff’s party and its leaders. The political debates, called “TAMIL” are being used to air defamatory and false allegations against the plaintiff’s party and its leaders, the 1st respondent which runs the television channel invites known political opponents of the plaintiff’s party and induces them by providing a platform to air defamatory and false allegations against the p