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Business News/ Politics / Policy/  Supreme Court pulls up Jayalalithaa for misusing defamation law
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Supreme Court pulls up Jayalalithaa for misusing defamation law

The apex court criticizes Tamil Nadu chief minister J. Jayalalithaa for using criminal defamation as a tool for evading criticism

A file photo of Tamil Nadu chief minister J. Jayalalithaa. Photo: MintPremium
A file photo of Tamil Nadu chief minister J. Jayalalithaa. Photo: Mint

New Delhi: The Supreme Court on Wednesday issued notice to Tamil Nadu chief minister J. Jayalalithaa in an appeal against a criminal defamation case filed by the state government.

A bench comprising justices Dipak Misra and C. Nagappan criticized the chief minister for using criminal defamation as a tool to evade criticism.

“This is not how a healthy democracy functions. You must face criticism if you are a public figure," the court observed.

The same bench on previous occasions has noted that the Tamil Nadu government has been using criminal defamation to stifle dissent and criticism.

The government has also courted criticism from the opposition for its heavy handedness in dealing with criticism.

Last week, about 80 members of legislative assembly (MLA) from the Dravida Munnetra Kazhagam (DMK), the main opposition party, were evicted and suspended en masse from the state assembly.

The DMK MLAs, who staged a sit-in protest and a mock assembly inside the premises, along with its party legislative leader, M.K. Stalin, accused the chief minister and speaker P. Dhanapal of not letting the opposition take part in debates.

“The suspension is to prevent us from raising issues like demand for debate for grants to the police department, which is handled by the chief minister." He added that there is no room for democracy in the state assembly.

The DMK conducted a protest meeting on 22 August to highlight the “lack of democracy" in the state assembly.

“The protests would take the form of ‘fasting’ as well, which explains how democracy has been affected in the state assembly. We will deliberate within the party and announce the plan of action soon," said M. Karunanidhi, DMK chief. Other political parties, including the Left and the Bharatiya Janata Party (BJP), have also criticized the action by the Jayalalithaa government.

In the current case before the top court, a criminal defamation case was filed against actor-politician Vijayakanth of the Desiya Murpokku Dravida Kazhagam. Politicians and opposition party members are not the only target for the chief minister of Tamil Nadu and her party the All India Dravida Munnetra Kazhagam (AIADMK).

On 22 August, Hindustan Times reported that in the last five years, the state government has filed 213 defamation cases against political opponents and media houses for “derogatory statements" made against the chief minister.

Of the total 213 defamation cases filed by J. Jayalalithaa between 2011 and 2016, more than 50 cases have been filed against media outlets. Ten cases each have been filed against Tamil bi-weekly Nakkeeran and Vikatan magazine group (Tamil).

Individuals and activists have also been sued by the AIADMK supremo. Activist K.R. ‘Traffic’ Ramaswamy, a strong critic of Jayalalithaa, was slapped with defamation charges for allegedly circulating “defamatory messages" on WhatsApp during the December floods pertaining to distribution of flood relief materials in Chennai and other parts of the state.

“For Jayalalithaa, it (defamation) is a tool to threaten her critics, opposition parties and others," said E.V.K.S. Elangovan, leader of the Congress party, earlier this month. Five defamation charges have been filed against him in the past five years.

Apart from slapping charges of criminal defamation, the state has also filed cases of sedition against activists and critics of the government.

Scores of people led by activist S.P. Udayakumar—almost 7,000 according to some estimates—have been booked under the colonial anti-sedition law under the Indian Penal Code (IPC) since early 2000’s in Kudankulam, one of India’s largest anti nuclear protests.

In 2015, left-wing folk singer Kovan was arrested on charges of sedition when his songs Moodu Tasmac Moodu (shut down Tasmac) and Oorukku Oru Sarayam (liquor store for every village) were alleged to be defamatory in nature because they were critical of Jayalalithaa.

Sedition under IPC is an offence made out against whoever—by words, either spoken or written, or by signs, or by visible representation, or otherwise—brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India.

Udayakumar, along with non-profit Common Cause, have now challenged the constitutional validity of the anti-sedition law, punishable with life imprisonment before the apex court.

In May, a bench comprising justices Misra and Prafulla C. Pant upheld the constitutional validity of criminal defamation law which would check the unfettered right to damage a reputation.

The law was challenged by Delhi chief minister Arvind Kejriwal, BJP member Subramanian Swamy, journalist Rajdeep Sardesai and others.

Swamy is contesting at least five cases of criminal defamation filed by the Tamil Nadu government against him.

Under Sections 499 and 500 of IPC, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years of imprisonment, a fine or both.

apurva.v@livemint.com

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Published: 24 Aug 2016, 02:32 PM IST
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