HC junks case against Congress MLA for ‘defaming’ Jayalalithaa, says fair criticism needed

Congress MLA S. Vijayadharani had expressed disappointment over opening of Tasmac shops in 2015. A complaint was filed, alleging her speech harmed Jayalalithaa’s reputation.

File photo of Jayalalithaa | Facebook

New Delhi: The Madras High Court has set aside a case against Congress MLA S. Vijayadharani for allegedly defaming late Tamil Nadu chief minister J. Jayalalithaa at a public meeting in 2015, saying “in democracy, a fair criticism of the government functioning is the catalyst for better administration”.

In a judgment delivered on 3 June, Justice G. Jayachandran also quoted saint Thiruvalluvar’s couplet, which translates to: “The careless king whom none reproves ruins himself sans harmful foes.”

Vijayadharani had expressed disappointment over the opening of Tasmac (Tamil Nadu State Marketing Corporation) shops by the government at a public meeting held at Karungal Santhai Ground at Nagercoil in Kanyakumari district in September 2015. 

A complaint was filed against her by the public prosecutor of Kanyakumari district under Section 199 (2) of the Code of Criminal Procedure, which allows complaints of defamation of State or constitutional functionaries such as the President or the Governor, to be filed through the public prosecutor, in the sessions court.

The complaint alleged that Vijayadharani’s speech harmed Jayalalithaa’s reputation.

‘Merely expressing views’

Vijayadharani, however, approached the high court, demanding the case against her be quashed. She contended that the speech made by her did not fall under the definition of defamation. 

She also asserted she was merely expressing her views on the affairs of the government, and that as an MLA and a political party representative, she was entitled to do so.

The court agreed with this contention, and opined that Vijaydharani’s comments fell under the second exception under Section 499 of the Indian Penal Code.

This exception says it will not be considered defamation if someone expresses his/her opinion, “in good faith” on the “conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct”.

The petition was, therefore, allowed and the complaint was set aside.