Madras High Court quashes criminal defamation case against DMK MP Kanimozhi Karunanidhi

The Madras High Court on Monday quashed a criminal defamation case against DMK leader and Thoothukudi Member of Parliament (MP) Kanimozhi Karunanidhi, arising from a speech made by her criticising the performance of the then Chief Minister, EK Palaniswami (Kanimozhi Karunanidhi vs. Public Prosecutor).Justice M Nirmal Kumar found that the complaint was liable to be quashed since the statements made were political in nature and were not personal or related to the public functioning of the then Chief Minister.“The petitioner belongs to the opposition party and political statements have been made. The allegations made in the complaint are political in nature and not on personal level and no way pertain to the public functioning of the Hon'ble then Chief Minister. In view of the same, this complaint is liable to be quashed.”.It was Kanimozhi's argument that as an MP, she wished to sensitize the public on the government’s failure in eradicating corruption and attending to the basic requirements of the people and therefore, organised state-wide protests.It was submitted that on being requested by the party to participate in a demonstration and address rise in corruption, Kanimozhi listed out the government’s failures. Her speech was, however, misquoted and a complaint was filed against her and the State had initiated prosecution. “The first respondent relied on a hearsay statement of two persons said to have witnessed the petitioner's speech in the protest, filed the impugned complaint, the alleged speech of the petitioner extracted in the complaint, does not make out any offence under Section 499 of CrPC and by no stretch of imagination it pertain to conduct of public functions,” it was argued by Kanimozhi. .The Court relied on a judgment of the Supreme Court in KK Mishra Vs. The State of Madhya Pradesh which enumerates a special procedure for initiation of prosecution for defamation committed against constitutional functionaries and public servants.As per the top court’s judgment, it has to be examined whether the offence is against the State and is with respect to discharge of public functions by public functionaries."It is clearly stated that the offence of defamation committed attract Section 199(2) CrPC., against the functionaries mentioned therein is to be seen whether an offence committed is against the State and the same relate to the discharge of public functions by such functionaries. The State, therefore, would be rightly interested in pursuing the prosecution; hence the special provision and the special procedure," the Court said.Considering the precedent, it was found that “on perusal of the G.O. and the complaint, it is seen that no such imputation made in discharge of public function of the then Chief Minister is found.”It, therefore, allowed the plea and quashed the case..Senior Advocate P Wilson appeared for Kanimozhi while the respondents were represented by State Public Prosecutor Hasan Mohamed Jinnah..[Read Order]