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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.Ilanthiraiyan
Public Prosecutor, Villupuram District and Sessions Court
| Table of Content |
|---|
| 1. filing of private complaint under crpc. (Para 1 , 2) |
| 2. rights of criticism in democracy vs. defamation. (Para 3 , 4 , 5 , 6) |
| 3. analysis of dissent and its protection. (Para 8 , 9 , 10) |
| 4. judicial scrutiny required in defamation cases. (Para 11 , 12) |
| 5. quashing of proceedings due to lack of prima facie case. (Para 13 , 14) |
ORDER :
G.K.Ilanthiraiyan, J.
This Criminal Original Petition has been filed to quash the proceedings in C.C.No.02 of 2024 pending on the file of the Principal Sessions Judge, Villupuram.
2. The respondent, herein, filed a private complaint under Section 199 (2) of the Code of Criminal Procedure, 1973, for the offence under Section 499 of the IPC, punishable under Section 500 of the IPC. The crux of the complaint is that on 16.09.2023, the petitioner, during a public meeting held near Koliyanur Bazaar Street within the jurisdiction of Valavanur Police Station, delivered a speech before an audience of about 250 persons, through a public address system, containing allegedly derogatory and defamatory remarks against the Hon’ble Chief Minister of Tamil Nadu and the Government of Tamil Nadu. Pursuant to the said speech, the respondent, Public Prosecuto
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.
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.
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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