Chennai, Oct 23 (UNI) The Madras High Court has reserved its orders on a petition filed by Tamil Nadu Assembly Speaker M Appavu seeking to quash the defamatory case filed against him by the Opposition AIADMK.
Mr Justice G Jayachandran reserved the orders without fixing any date after hearing arguments from both the sides.
The case pertained to the defamation suit filed by AIADMK Legal Wing Secretary R Babu Murugavel against Mr Appavu for his remarks during a Book fair function last year that after the demise of former Chief Minister and AIADMK Supremo J Jayalalithaa, 40 MLAs of the AIADMK were ready to join the
DMK and that on being informed DMK President M K Stalin had rejected it.
The case was filed by Murugavel contending that Mr Appavu’s remarks were aimed at tarnishing the image of the AIADMK and its Legislators.
When the case came up for hearing before the Special trying cases of MPs and MLAs on Tuesday it was adjourned to October 25.
Meanwhile, on a petition filed by Mr Appavu seeking to quash the defamatory proceedings and grant an interim stay also came up before the High Court yesterday.
Senior DMK Counsel P Wilson, appearing on behalf of the Speaker, argued that on what basis.Mr Babu Murugavel could file this plea as he was not a member of the AIADMK at that time (during the demise of Ms Jayalalithaa) and that he had joined the party only in 2018.
Contending that he has no right to file the case, Mr Wilson citing Mr Murugavel’s contention that the Speaker has brought disrepute to 40 AIADMK MLAs and said only they (the MLAs) could file the plea.
“Who are the 40 MLAs. Only they could file the petition. The Speaker has not mentioned any names and that his remarks were based on Infirmation and not defamation”, he said.
On Murugavel’s contention that Mr Appavu’s remarks has tarnished the image of the AIADMK, he submitted that only the AIADMK High Command or those recognised by the party in the form of a resolution could file the plea.
Citing various court verdicts, Mr Wilson said Mr Appavu had only said that during the death of Ms Jayalalithaa and that time Mr Murugavel was not a member of the AIADMK and that he became a member of the Party only in March 2018.
“Hence he was in no way affected by it…how can he file the case. Moreover, he has filed the case under CrPc. But the Bharatiya Nyaya Sanhita (BNS) Act had come into force on July 1, 2024 and the case was filed on July 15, 2024.
The case should have been filed only under BNS Act and prayed for dismissing the defamation plea.
Later, after hearing arguments on behalf the petitioner, Mr Justice Jayachandran reserved his orders on the plea of Mr Appavu.
