Defamation proceedings against Stalin in Kodanad case stayed

In a big relief to DMK president and opposition leader M K Stalin, the Madras High Court on Wednesday granted an interim stay in the defamation proceedings over his alleged remarks against Chief Minister Edappadi K Palaniswami in relation to the Kodanad estate murder and robbery case.
Defamation proceedings against Stalin in Kodanad case stayed
M K Stalin

Chennai

Justice GK Ilanthiraiyan before whom the plea moved by the opposition leader came up for hearing also dispensed with his personal appearance as sought by the principal sessions judge in the case on March 21.

Stalin in his plea had submitted that the speech made by him was not his own version and had only reproduced the version of a journalist Samuel Mathew, who exposed the Chief Minister's reported involvement in the murder case of Kodanad.

Moreover, as opposition leader in the assembly, he had only raised a demand for a Special Investigation Team to investigate the case relating to Kodanad murder case and submitted a petition before the Governor of Tamil Nadu on January 14 seeking to appoint a special enquiry commission headed by a high court judge, hecontended.

The plea also noted that principal sessions court had failed to note that the allegations made against the Chief Minister does not amount to any defamation and had merely been done with malicious motive to harass him.

The allegations in the complaint does not make out a case for an offence under Section 499 and 500 IPC, which relates to criminal intimidation, and hence cannot be filed by the City Public Prosecutor in his official capacity under Section 199 of the Cr PC. It is only an abuse of power by the complainant to curtail the existence of the fundamental right guaranteed under the Constitution, the plea added, while pointing out that the Chief Minister had already filed a defamationcase against journalist Samuel Mathew.

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