JUDGMENT :

(Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to C.C.No.8 of 2019 on the file of the Principal District and Sessions Judge, Salem and to quash the entire proceeding for the interest of justice.)

1. This Criminal Original Petition has been filed to quash the proceedings in C.C.No.8 of 2019, pending on the file of the Principal District and Sessions Court, Salem.

2. The gist of the case is that at the time of occurrence, the petitioner was the Member of Parliament belongs to Dravida Munnetra Kazhagam party. The petitioner made defamatory public speech on 07.06.2019 at Five Road, Salem against the then Hon’ble Chief Minsiter of Tamil Nadu that “

” The petitioner has made this defamatory statement defaming the then Hon’ble Chief Minister of Tamil Nadu. This defamatory statement reveals serious imputation against the then Hon’ble Chief Minister of Tamil Nadu and it was made only with intention to malign his reputation while discharging his public function and duty. Hence, the Government of Tamil Nadu has accorded sanction to the respondent under Section 199(4) Cr.P.C., vide G.O.Ms.No.374, dated 17.06.2019 for filing the above complaint before the concerned Court. As against the complaint in C.C.No.8 of 2019, this petition has been filed.

3. The learned counsel for the petitioner submitted that the petitioner was the Member of Parliament of DMK political party. Since defamatory statement made against the then Chief Minister of the Tamil Nadu, a complaint has been lodged by the respondent before the trial Court on the strength of the Government Order in G.O.Ms.No.374, dated 17.06.2019. The learned counsel further submitted that the trial Court before taking the complaint on file, failed to take note that the complaint itself is a political motivated one to wreak vengeance against the DMK political party. The petitioner has spoken only the view of the general public and it was not his personal view.

4. The learned counsel further submitted that the alleged public speech

the entire speech made, nowhere the official functioning of the then Chief Minister has been criticized or questioned. Thus, looking the public speech at any angle, no offence of defamation is made out against the then Hon’ble Chief Minister of Tamil Nadu. The petitioner was the Member of Parliament, who hails from a respectable family with legacy. He further submitted that the sanction accorded by the Government, is nothing but malafide and non-application of mind. The complaint is only an attempt to interfere with the fundamental right of the petitioner under Article 19(1)(a) & 21 of the Constitution of India. Taking cognizance of the complaint is nothing but interfering with the freedom of speech, a valuable right guaranteed under the Constitution of India.

5. The learned State Public Prosecutor appearing for the respondent submitted that on receipt of the G.O.Ms.No.374, dated 17.06.2019, the respondent filed a complaint against the petitioner for offence under Sections 499 & 500 IPC invoking Section 199(4) of Cr.P.C. The petitioner has not denied the speech made on 07.06.2019, at that time, the petitioner specifically named the then Hon’ble Chief Minister of Tamil Nadu and directly impeached her reputation. The transcripted defamatory portion of the speech is produced in the complaint. Thus, the public speech made by the petitioner impeaches the reputation of the then Chief Minister of Tamil Nadu.

6. He further submitted that the Government had issued the G.O.Ms.No.633, dated 10.08.2021, on the recommendation of the Advocate General and Public Prosecutor, High Court of Madras and they have opined that the defamation cases may be withdrawn as per Section 321 of Cr.P.C.

7. Considering the rival submission and on perusal of the materials, it is seen that though the Government has passed the G.O.Ms.No.374, dated 10.08.2021 for withdrawal of the case, the Hon’ble Apex Court on 10.08.

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