Defamation suit filed against Kanimozhi stayed

Vacation judge Justice P Rajamanickam granted the stay on all proceedings pending before Villupuram Principal District and Sessions court. Challenging the sanction to lodge the complaint and prosecute her, advocate Richardson Wilson contended that it was the opposition’s duty to criticise those holding office. 

Such criticisms cannot be termed defamation, he said, adding that such complaints were attempts to muzzle free speech and democratic process. Noting that the Supreme Court had pointed out that several such cases were filed against opposition leaders in Tamil Nadu, the advocate charged the public prosecutor of mechanically filing the complaint under government directions without following the mandatory requirements. 

The Public (Law and order) Secretary had passed the GO without application of mind as the alleged offending speech was neither considered by the secretary nor extracted in the order. The order does not even mention which portion of the speech was defamatory, he submitted.