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Madras HC grants interim stay to proceedings against Sampath
The Madras High Court today granted interim stay to further proceedings on the police cases against Nanjil Sampath, a leader of AIADMK TTV Dinakaran faction, over his alleged vulgar remarks against Tamil Nadu BJP chief Tamilisai Soundararajan.
By
migrator
migrator
Chennai
Justice MS Ramesh gave the order on a plea by Sampath seeking to quash FIRs filed against him in the case.
In his petition, Sampath said that police in suburban Pallavaram had registered a case against him under IPC and TN Prohibition of Harassment of Women Act on a complaint by a local BJP functionary.
The complainant had alleged that Sampath was criticising the BJP state president using vulgar words.
Sampath submitted that the complaint was filed in connection with his statement to a TV channel in response to a question about various political leaders. He claimed his remark on Soundararajan was neither defamatory nor outraged her modesty.
The averments made in the FIR did not make out any offence as alleged and there was no assault and criminal force. Hence the question of offences under the sections cited in the FIR did not arise, he submitted.
Sampath also said leaders of political parties were not above criticism and freedom of expression was a fundamental right guaranteed by the Constitution.
The petitioner alleged that the police with an intention to tarnish his reputation had registered the case in violation of all principles of law and provisions of Code of Criminal Procedure (CrPC).
The judge posted the matter for further hearing to October 12.
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