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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice G.K. Ilanthiraiyan, J
C.Ve. Shanmugam – Appellant
Versus
Public Prosecutor, Villupuram District and Sessions Court, Villupuram – Respondent
ORDER :
This Criminal Original Petition has been filed to quash the proceedings in C.C. No. 01 of 2024 on the file of the Principal Sessions Judge, Villupuram.
2. On the complaint lodged by the respondent, the trial Court had taken cognizance for the offence under Section 499 of IPC punishable under Section 500 of IPC, alleging that the petitioner is a sitting member of the parliament (Rajya Sabha) and while staging a demonstration organized by this Party near Thiruvallur Statue, Villupuram on 20.07.2023, had delivered a speech defaming the Chief Minister of Taminadu and the Government of Tamilnadu in a derogatory manner, with an intention to cause loss of reputation of the Hon’ble Chief Minister of Tamilnadu in the discharge of his duties as Chief Minister of Tamilnadu. The said utterances are malicious and defamatory in nature and addressed to a gathering of 1000 persons over a public address system.
3. The gist of the portion of speech is that, they would not say that the present Chief Minister as a performing Chief Minister, that he is simply sitting in the office and he is a puppet minister who is activated by powerful forces, looting forces, the forces exploiting Tamil Nadu, tha
The right to dissent and criticize public officials is protected under freedom of speech, and such speech does not constitute defamation unless it disrupts public order.
Criticism of government actions by opposition members is protected speech and does not constitute defamation unless it meets the legal thresholds of malicious intent as outlined in IPC.
Criticism of government policies, when expressed as political dissent, does not constitute defamation under Indian law unless it crosses the threshold of malicious intent as defined in the IPC.
Criticism of government actions, even if harsh, does not constitute a criminal offence under IPC if it does not incite violence or disturb public peace.
Calling a person corrupt is per se defamatory and cannot be justified by resorting to Article 19 of the Constitution of India.
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