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Learn to take criticism, SC tells Jayalalithaa on defamation cases
The Supreme Court on Wednesday said that criticism of public policy could not be a ground for slapping defamation suit as it issued fresh notice to Tamil Nadu Chief Minister J. Jayalalithaa on a plea alleging abuse of power by her.
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The apex court said, “You are a public figure and you have to face criticism”, while hearing a plea by DMDK chief Vijayakant. “You (Jayalalithaa) must exercise restraint while starting any prosecution”, the court observed.
On August 17, the government provided the Supreme Court with a list of defamation cases filed by the State through the public prosecutor in the past five years.
The top court further observed that the state was misusing state machinery to fight defamation cases.
The Bench was hearing a criminal defamation case filed against DMDK leader Vijayakanth through the local public prosecutor on the government’s sanction against his remarks at a public event in Tirupur district on November 6, 2015.
Ms Jayalalithaa, serving her sixth term as Chief Minister is known to brook no dissent from within her party.
SC bench today made it clear once again that defamation cases can not be used against people who criticise the work of AIADMK government. The court had in July, too, rebuked the AIADMK supremo on the same issue.
Last month, a bench of Justice Dipak Misra and Justice Rohinton Faliman had said such defamation cases against the critics of a government have a “chilling effect”. But, most of the ruling AIADMK’s anger is directed at arch rival DMK, which faces 85 cases. Before it, the DMK government filed 40 cases during its five years in office beginning 2006.
Over two dozen cases were filed against Vijayakanth and others for being critical of Jayalalithaa and her government.
Defamation, described as a “reasonable restriction” on free speech in Constitution, has been a topic of debate. On Wednesday when the matter came up for hearin, the court said, “Stop using defamation proceedings to silence criticism”.
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The Supreme Court during an earlier hearing had stayed the summons issued to Vijaykanth by the lower court.