Madras High Court quashes defamation case against Tamilisai Soundararajan

The Madras High Court on Tuesday quashed a 2017 defamation case filed against incumbent Telangana Governor and Lieutenant Governor of Puducherry, Dr Tamilisai Soundararajan over comments allegedly made by her against a political party in Tamil Nadu (Dr.Tamilisai Soundararajan v. Dhadi K Karthikeyan)..The comments in question were allegedly made by Soundararajan, then the President of the Bharatiya Janata Party (BJP) in Tamil Nadu, during an interview when she is stated to have said that the Viduthalai Chiruthaigal Katchi (VCK) party and its head, Thirumavalavan conducted "kangaroo courts" and usurped land. .Justice M Dhandapani on Tuesday allowed a petition filed by Soundararajan challenging the summons issued by a trial court in the defamation case filed by a VCK member. .The judge found that the defamation complaint was nothing but an attempt by the complainant to gain political publicity at the cost of judicial time..Even going by the complaint, no comment was made against the complainant himself, the judge found. As such, there was no case for defamation made out as far as the complainant is concerned, the Court said, adding that the whole complaint falls like a pack of cards..The Court also pointed out that while Soundararajan's comments were stated to have been made against the VCK party and its head, neither have come forward with a complaint, nor was there anything to indicate that the complainant was asked to file a complaint by the affected persons.."The respondent (complainant), on his own accord, for reasons best known to him, has thought it fit to file the said private complaint and the respondent, being not a person affected by the said alleged statement, invocation of the offence u/s 500 IPC does not merit acceptance...the private complaint alleging defamation has no legs to stand and the cognizance taken on the said complaint deserves to be quashed", the Court ruled..Additionally, the judge also noted that the trial court had not applied its mind while issuing summons to Soundararajan in the matter. While the complaint cited the provisions of Section 500 (punishment for defamation) of the Indian Penal Code, the trial judge had issued notice under Section 138 of the Negotiable Instruments Act.."(This) exhibits a clear non-application of mind on the part of the court below and even on the very short ground, the cognizance taken by the trial court transforming itself into C.C. No.212/2017 deserves to be quashed," the Court said..The matter was decided on merits based on the material on record as neither Soundararajan nor the complainant had appeared before the Court, despite repeated adjournments. "...inspite of repeated adjournments, this Court has not seen the light at the end of the tunnel by way of the respective learned counse appearing for the parties," the Court lamented. .[Read Order]