NE LEGAL BUREAU
MADURAI, JUNE 15
The Madurai bench of the Madras High Court has observed that fair criticism of the government’s functioning is a catalyst for better administration.
Quashing the criminal proceedings against Congress MLA S Vijayadharani for allegedly making defamatory remarks against the late Chief Minister J Jayalalithaa recently, Justice G Jayachandran said the complaint against her was mere extraction of the legal provision and did not disclose harm the reputation of the late chief minister.
Referring to the woman MLA’s speech on opening of liquor outlets, the judge said, “The reading of the speech extracted does not carry any sentence of defamation whatsoever.”
“In democracy, a fair criticism of the government functioning is the catalyst for better administration,” he said and referred to a couplet from ”Thirukkural” to say “The careless king, whom none reproves, ruins himself sans harmful foes.”
The judge said the Supreme Court had upheld the constitutional validity of Section 499 of IPC (defamation) and that balancing the fundamental right is constitutional necessity.
“The right of freedom of speech and expression under Article 19(1)(a) subject to the restriction vis-a-vis right to reputation, which is a facet of right under Article 21, ought to be balanced,” the court observed.
Saying that exception is given under IPC section, the judge said if expression is made in good faith then it is not defamation.
The Congress MLA had, during her public speech, expressed anguish over the Tamil Nadu government”s decision to re-open TASMAC shops.
The public prosecutor of Kanyakumari district filed a complaint under CrPC sec 199(2), alleging Vijayadharani had defamed Jayalalithaa.
