DMDK founder Vijayakant today moved the Madras High Court to transfer to the Supreme Court all cases he filed challenging the constitutional validity of Section 499 and 500 of IPC, which paves the way for the state government to file defamation cases.
A batch of petitions, filed by Vijayakant and his wife to declare these sections as unconstitutional, including Sec 299 CrPc on the validity of the above and Sec 199 CrPc,empowering the state government to issue a G.O to file defamation cases, came up before the first bench comprising Chief Justice Sanjay Kishan Kaul and Justice M Sathyanarayanan today.
Vijayakant's counsel K M Vijayan submitted that a similar petition was pending before the Supreme Court and hence sought a direction to transfer all the cases to the Supreme Court.
Meanwhile, the Joint Secretary, Ministry of Home Affairs, Jai Prakash Agarwal filed a counter affidavit, submitting that the constitutionality of Sect 199 of CrPc must be decided by the court and that "neither the petitioners nor the authorities have anything to do therewith."
He also said CrPC are implemented by state governments and the concerned governments should follow it in letter and spirit. Any misuse of its provisions by the state authority may be replied to by the state government concerned, he submitted.
Agarwal said provision 199(2) of CrPc enabled the government to step in to maintain confidence in purity of administration when high dignitaries and other public servants are wrongly defamed.
He also submitted Sec 199 of Crpc provided necessary safeguards for the accused. Moreover, Sec 499 is elaborate and provides 10 exceptions for the offence of defamation.
"Section 199 of Crpc is just, fair and constitutional and does not violate any fundamental rights enshrined by the Constitution," he said.
Hence he prayed for dismissal of all the petitions filed by Vijayakant and others as devoid of merit.
After going through the counter and hearing Vijayan, the bench said "it is more or less agreed that the issue in question raised in these writ petitions is pending consideration before Supreme Court."
"The prayer in the petitions filed under Article 32 of the Constitution is to declare Sections 499 and 500 IPC and Section 199 Crpc as unconstitutional. In view of the aforesaid, it is stated that the parties will move a transfer petition before the Honourable Supreme Court."
The bench then directed the matters for further direction to be listed on February 17, 2015.
