TN defamation case count: 213 in 5 yrs
NEW DELHI: The Tamil Nadu government’s critics have kept it busy and angry.
In the past five years, it has filed 213 defamation cases against political opponents and media houses for “derogatory statements” against CM J Jayalalithaa. Reporting on the CM’s vacations, criticising her government for water scarcity or not fulfilling poll promises have all been termed derogatory. These details were submitted to the SC on August 17 that had on July 29 asked theJayalalithaagovernmenttogive a list of defamation cases after one of the opposition leaders, DMDK’s Vijayakanth, sought relief in one such case. The matter will come up for hearing on Wednesday.
A large number of people are facing proceedings for making wild allegations against the chief minister, says the affidavit that lists cases registered between May 16, 2011 and July 28, 2016.
Opponents accuse Jayalalithaa of silencing critics and harassing them through such cases as an accused is expected to be present at every hearing. Arrest orders can be issued for missing a court date.
Pulling up the Jayalalithaa government, a bench headed by justice Dipak Misra had said criticising a government as corrupt or unfit didn’t amount to defamation. Jayalalithaa is serving a sixth term as the chief minister.
Fifty-five of the cases are against media, Tamil Nadu government’s affidavit says. But, most of the ruling AIADMK’s anger is directed at arch rival DMK, which faces 85 cases. For decades, the two parties have taken turns to rule the state and are bitter rivals.
Partner-turned-foe DMDK has 48 cases against it. Of these, 28 are against its leader Vijayakanth, a former actor who had several fiery exchanges with Jayalalithaa.
The trial was yet to begin in many cases, his lawyer GS Mani told HT. “The accused is required to be present on every date of hearing. A non-bailable warrant is issued in case of an absence,” Mani said.
BJP leader Subramanian Swamy faces five cases for tweets against the Jayalalithaa government. The PMK has nine cases and the Congress seven. In May last, the SC upheld the constitutional validity of criminal defamation law — Section 499 and 500 of the Indian Penal Code that prescribes two-year jail term or fine or both for damaging someone’s reputation.
“When reputation is hurt, a man is half-dead. It cannot be crucified at the altar of one’s right to free speech,” the court said. It rejected the petitions filed by Swamy, Congress vice-president Rahul Gandhi and Delhi chief minister Arvind Kejriwal.