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2023 Supreme(Mad) 3125

N. SESHASAYEE
S. Gurumurthy, Editor, Thuglak Tamil Magazine, Chennai – Appellant
Versus
S. Doraisamy – Respondent


Advocates:
For the Petitioner:Mahesh Jethmalani, Senior Advocate Assisted by Ramaswamy Meyyappan, Ravi Sharma, Advocate. For the Respondent: In-Person.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorari to call for the records and quash the order dated 27.09.2021 passed in Recall Petition No.1 of 2021 in Consent Petition No.1 of 2021 by the learned Advocate General, High Court, Madras.)

1. This is a petition filed under Article 226 of the Constitution, assailing an order dated 27.09.2021, passed by the present Advocate General of Tamil Nadu recalling an order dated 31.03.2021 passed by his predecessor by which the latter had declined consent for initiating contempt proceedings under Sec.15(2) of the Contempt of Courts Act, 1971.

2.1 The petition arises in the backdrop of the following facts:

a) Thiru S. Gurumurthy, the petitioner herein, is stated to have made a speech in a public meeting on 14.01.2021 on the occasion of the anniversary of the Tamil political weekly Tughlak', in which, he is alleged to have remarked that the judges in the Supreme Court and other courts are appointed by politicians by extraneous means.

b) The respondent herein, a senior member of the Madras Bar, considered the said speech of the petitioner to be an affront to

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