9911796707
TMI Blog2021 (10) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... ided to decide the same on merits. It is the case of the respondent that the petitioner, being the State President of the Bharathiya Janata Party, while giving an interview to the electronic and print media, had termed the Viduthalai Chiruthaigal Katchi and its head, to which party the respondent belongs as a party which is conducting Kangaroo Courts and also abducting the lands from the public and has uttered the derogatory remarks against the political party and its head. On the said averments, private complaint has been filed by the petitioner invoking Section 199 r/w 200 of the Code of Criminal Procedure before the Judicial Magistrate No. I, Kancheepuram, which has been entertained as C.C. No. 212/17 and taken on file by issuing summon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er averment of the petitioner that no authorization, whatsoever, has been filed by the respondent to show that he has been authorised by the party President Thol. Thirumavalavan to file the private complaint on behalf of the party as also the party President. It is the further averment of the petitioner that the private complaint filed by the petitioner is only to gain popularity with the party and its President and the said private complaint, without the necessary authorisations, is nothing but an abuse of process of law, contrary to the weight of evidence and not substantiated by facts and materials. It is the further averment of the petitioner that there is no prima facie case warranting issuance of the summons, which too have been issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... guaranteed under the Constitution, but, however, the same are subject to reasonable restrictions. Chapter XXI IPC deals with 'Defamation' and takes within its fold Sections 499, 500, 501 and 502 IPC. Section 499 IPC deals with 'Defamation', while Sections 500 and 501 IPC provides for punishment for defamation. To attract the punishment contemplated u/s. 500 and 501 IPC, defamation u/s. 499 IPC should be made out. For better clarity, Section 499 IPC is quoted hereunder:- "499. Defamation-- Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nature of social control which includes public interest has a role. The conception of social interest has to be borne in mind while considering reasonableness of the restriction imposed on a right. The social interest principle would include the felt needs of the society. ******** 131. As the submissions would show, the stress is given on the right to freedom of speech and expression in the context of individual growth, progress of democracy, conceptual respect for a voice of dissent, tolerance for discordant note and acceptance of different voices. Right to say what may displease or annoy others cannot be throttled or garroted. There can never be any cavil over the fact that the right to freedom of speech and expression is a right that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be read or by signs or by visible representation, makes or publishes any imputation should be the basis on which the act of defamation could be held to be perpetrated. However, in the case on hand, though averment is made by the respondent in the private complaint filed u/s. 199 r/w 200 Cr.P.C., however, no material to substantiate the said act has been filed along with the said complaint, though it is the categorical averment of the respondent in the complaint that the words were spoken by the petitioner when the petitioner was addressing the print and electronic media. Further, a perusal of the private complaint reveals that though the respondent has alleged that the petitioner has spoken about the party and its President conducting Kan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en committed, to make a complaint in respect of that offence before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance of the offence upon such complaint. However, in the case, on hand, as averred by the petitioner in the affidavit, the private complaint has been filed by the respondent, as a member of the political party against statements alleged to have been made against the political party and its Party President. However, neither the person nor the party, which is alleged to have been affected by the said statements have given any authorization to the respondent to file the said private complaint. The respondent, on his own accord, for reasons best known to him, has thought it fit to file the said priva ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
