‘Defamation can’t be counter-weapon’

The Supreme Court on Thursday slammed Tamil Nadu chief minister Jayalalithaa for using the office of public prosecutor to file defamation cases against political opponents even for fair criticism of her or the bureaucrats and said defamation is not a counter-weapon.

A bench of Justices Dipak Misra and Rohinton Nariman, taking a serious exception to this intolerant attitude, directed the Jayalalithaa government to produce the list of defamation cases filed against Opposition leader Capt. Vijaykant and other political opponents in the state in two weeks. Senior counsel R. Basant appeared for the state and agreed to give the list.

Earlier, counsel G.S. Mani, appearing for Mr Vijaykant brought to the notice of the court that a court in Tiruppur had issued non-bailable warrants against Mr Vijaykant and his wife Premalatha for non-appearance in response to summons in a defamation complaint. At the outset, Justice Misra observed that fair criticism of the CM cannot be termed as “defamatory” and stayed the summons.

The Jayalalithaa government has slapped over dozen cases against DMDK leader Vijaykant for criticising her and the AIADMK government on various issues, following which he challenged the Constitutional validity of IPC Sections 499 and 500 relating to defamation and Section 199 Cr PC which empowers a public prosecutor to file a defamation case against any person on behalf of the chief minister or a public servant who feels defamed.

While passing the stay order, the bench strongly condemned the TN government and wondered as to why in TN alone, too many defamation cases are being filed on behalf of chief minister Jayalalithaa through public prosecutor on sanction by using public money. Justice Misra pointed out that in other states, no defamation case is filed through the public prosecutor and said that state cannot slap criminal prosecution against opponent political leaders for a fair criticism of the government.

Justice Misra said, “In how many matters can the chief minister direct the public prosecutor to file cases There has to be a tolerance of speech free speech. Free speech is permissible not defamatory. Defamatory speech is different from free speech. Any criticism that there is corruption in the government cannot be called defamatory. You can’t slap a defamation case. If somebody says ‘X’ is unfit, you can’t file a defamation case. It will be an abuse of the process.”

Merely because there is criticism of any government or any bureaucrat or any person in the government, you slap defamation

“If you start filing cases for criticism, it will have chilling effect. The provision (defamation) may not be unconstitutional, but courts have a duty to protect it.”

Justice Misra said “the State cannot use defamation offences as a tool against opponent leaders. Criticism against government is a base of democracy and fundamental rights of freedom of speech and expression of citizen. Slapping criminal prosecution against opponent political leaders for their fair criticism against government gives a chilling effects on citizens rights of freedom of speech and expression guaranteed under our constitution. State cannot use defamation offences to threaten opponent political leaders.”

Criticising the action of the Public Prosecutor, Justice Misra said he is duty bound to advise government not to file defamation cases if no defamatory speech is made out as the PP has got an independent role to play. He cannot act on the advise of government alone.

After making these strong observations, the bench directed TN government to furnish within two weeks details of all defamation cases filed on behalf of CM Jayalalithaa thorough public prosecutor on sanction granted by TN government against all including Vijaykant and other political party leaders, press, journalists and social activists etc for their alleged defamatory speeches made against Jayalalitha. The bench posted the matter for further hearing on August 21.