The Madras high court on Monday quashed a criminal defamation case filed against DMK MP Kanimozhi Karunanidhi for allegedly accusing former Tamil Nadu minister Edappadi Palaniswami of corruption during the AIADMK regime.
In 2018, Kanimozhi had participated in a DMK-led protest in Villupuram where she criticised the then chief minister Palaniswami. The DMK, which formed the government in May, was then the opposition party. A defamation case was filed against Kanimozhi in Villupuram district court under Section 499 of Indian Penal Code (Central Act XLV of 1860) punishable under Section 500 of the IPC, following which she approached the high court and filed a quash petition in 2019.
In her petition, she stated that she was misquoted and that a complaint was filed against her based on hearsay of two witnesses who attended her speech. She had listed the “gross failures of the government, its corruption and non-adherence to poll promises,” in her speech, Kanimozhi stated in her affidavit. She added that no public servant has absolute immunity and gets protection against criticism from the opposition or public.
“Mr Palaniswami filed a criminal complaint through the Public Prosecutor,” said DMK Rajya Sabha MP and senior advocate P Wilson, appearing for Kanimozhi. He argued that the Public Prosecutor’s office was being misused and abused by the AIADMK to file cases against the opposition for political gains. “There can’t be protection from defamation in case of corruption, and the state cannot defend the corrupt chief minister through its resources, time and machinery,” he said.
{{/usCountry}}“Mr Palaniswami filed a criminal complaint through the Public Prosecutor,” said DMK Rajya Sabha MP and senior advocate P Wilson, appearing for Kanimozhi. He argued that the Public Prosecutor’s office was being misused and abused by the AIADMK to file cases against the opposition for political gains. “There can’t be protection from defamation in case of corruption, and the state cannot defend the corrupt chief minister through its resources, time and machinery,” he said.
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