The Supreme Court today took strong objection to the Tamil Nadu government using defamation as a tool to muzzle political opposition.
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The court has asked the state government to furnish a full list of defamation cases it has filed, within two weeks. Such acts amount to curbing of free speech. “The defamation law can not be used as a political counter weapon”, the bench said. The Court observed that criticism of a government does not mandate that a defamation case be filed.
The apex court also expressed concern over the law of defamation being misused and the office of public prosecutor being used as a “post office” for misusing and initiating politically motivated cases against opponents.
The apex court had held that the state has no power to order suo motu release of seven convicts, viz Murugan, Santhan, Periarivalan (whose death sentence was commuted to life sentence) and that of Nalini, Robert Pius, Jayakumar and Ravichandran, serving life term by granting remission.
“The citizen’s right to criticise can not be atrophied by constant launching of criminal prosecution for defamation on each and every issue to silence the critics”, he had also stated. The AIADMK leader was of the strong opinion that Narayanasamy has a hidden agenda and his criticism came at a time when the Supreme Court had admitted the review petition of Tamil Nadu government. A Tirupur trial court had on Wednesday issued a non-bailable warrant against Vijayakanth and his wife, after they failed to appear before the court with regard to the defamation case against them.
The three-judge bench headed by then Chief Justice P. Sathasivan (now Governor of Kerala) referred to the Constitution Bench the seven questions, including whether “consultation” with the Centre meant “concurrence” if the State government wants to grant remission of sentence and release the convict in a case investigated by CBI.
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