The judgment established the principle that the freedom of speech and expression, as guaranteed under Article 19(1)(a) of the Constitution of India, is sacrosanct and should not be stifled. It emphasized the duty of the press to keep the public informed and highlighted the importance of genuine assessment in matters of public interest.

JUDGMENT :

(Common Prayer: Criminal Original Petitions filed under Section 482 Cr.P.C. to call for the records in C.C.No.21 of 2015 on the file of the Principal District and Sessions Court, Chennai and quash the same.)

1. These criminal original petitions have been filed seeking to call for the records in C.C.No.21 of 2015 on the file of the Principal District Sessions Court, Chennai and quash the same.

2. Heard Mr.R.Shanmuga Sundaram, learned Senior Counsel representing Mr.Ganesh Rajan, learned counsel on record for the petitioners and Mr.A.Natarajan, learned Public Prosecutor assisted by Mr.Mohammed Muzammil, learned Government Advocate (Crl.Side) appearing for the respondent/State.

3. Challenging the prosecution lodged by the Government of Tamil Nadu in C.C.No.21 of 2015 before the Principal District and Sessions Court, Chennai, against the petitioners herein for the offence of defamation, this petition has been filed.

4. In the complaint filed by the Government, it is alleged that the petitioners published an article on 10.07.2015 in their online website “Rediff.com”, titled “CHENNAI MEDIA KNEW JAYA'S HEALTH WAS NOT FINE BUT KEPT MUM” and that article defamed the then Chief Minister Ms.J.Jayalalithaa in respect of conduct in the discharge of her public functions and therefore, the petitioners are liable to be punished under Section 499 r/w 500 IPC.

5. Excerpts from the impugned article have been extracted in the complaint and they are as under

“Jaya's health, which was all along being discussed in whispers, received some sort of a public attention in the first week of July when she skipped an Iftar party after announcing in a written statement that she was not able to attend the event due to her ill-health and deputed Finance Minister O.Paneerselvam, who stood in as CM during her disqualification, in her place.

Jayalalithaa's health has been a talking subject among political and media circles ever since she took office as Chief Minister for the fifth time on May 23 after being acquitted in the disproportionate assets case by the Karnataka High Court. The way in which her oath-taking ceremony was conducted betrayed the fact that all was not well. The whole function lasted just 25 minutes, the national anthem was cut short and 28 Ministers took oath in two batches instead of doing so individually.

Since assuming office Jayalalithaa has visited the Secretariat a maximum of twice a week and each time she did not remain there for more than 30 minutes. In that brief window she would inaugurate a few welfare schemes by pressing the remote control after which she would return home to Poes Garden. There was a absolutely no interaction with the media. In fact, television crews and still photographers are not allowed to visually capture the Chief Minister.

Even the prestigious Chennai Metro inauguration was carried out from the Chief Minister's Chambers by pressing the remote control. Only the All India Anna DMK owned by Jaya TV and State Government photographers are allowed to cover her each and every function, while the rest of the media outlets have to make do with their visuals and still photographers. Surprisingly, there has not been even a murmur of protest from any of the media outlets for this nauseating development.

It's been more than three months since the assembly was adjourned but there is no sign when it will be reconvened. Already the DMK legislature party leader M.K.Stalin has demanded that the Government convene the sessions immediately to discuss various public issues. To which there has only been a stoic silence from the ruling party.

Jayalalithaa's short stay in the secretariat and her ever dwindling public appearances and interactions with officials are taking a huge toll on the administration, say sources privy to the Government's functions. “At least there a Government when Paneerselvam was the Chief Minister (from September 29, 2014 to May 22, 2015). Though it was dummy Government, files at least moved and there was some