Chennai

The first bench comprising Chief Justice AP Sahi and Justice Subramonium Prasad on coming down heavily on Vijayakanth for withdrawal of appeal, said, “The filing of such petitions and appeals unnecessarily consumes the time of the Court and care should be taken in the preparation, drafting and presentation of such petitions and should not be brought forth unless there is any constitutional question, keeping in view of the nature of allegations that have been made.”

“We refrain from imposing any costs at this stage, as a voluntary request has been made for withdrawal of the appeal,” the bench added.

The appeal was filed challenging the order of a single judge who dismissed the petition filed by Vijayakanth at the admission stage itself. Vijayakanth had sought to quash the Government order dated November 22, 2012 giving sanction to the Public Prosecutor of Theni District for lodging a complaint against him before the Principal District and Sessions Court at Theni for the alleged defamatory speeches made.

He had contended that similar writ petitions challenging the validity of the sections 500 and 501 of Indian Penal Code in so far as it makes the speech or expression as a criminal offence is pending disposal before a constitutional bench of the Supreme Court.

He further submitted that the single judge ought to have considered that the sanction order is a mechanical one and there is no analysis or description in the sanction as to how the speech made is defamatory against the Chief Minister.

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