The Madras High Court has restrained a Tamil bi-weekly magazine from publishing articles on the "private life" of DMK Rajya Sabha member Kanimozhi, daughter of former chief minister M Karunanidhi, without her consent or response.
Justice R Subramanian, however, made it clear that the restriction is not extended to her functions as MP or as a leader of a political party.
The judge dismissed a petition filed by Varadarajan, director and publisher of Kumudham group of magazines, for vacating the court's earlier injunction.
"The magazine shall not publish anything regarding the private life of Kanimozhi, her family, her marriage, procreation, motherhood, child bearing and education without her consent.
"Whenever they propose to publish any article relating to her private life claiming that it is in public interest, they shall forward their queries/gist or the full article to her email and wait for her response," the judge said.
"If any response is received within 48 hours, the response shall also be published with the same prominence of the article.
"If no response is received within 48 hours, the magazine will be at liberty to go ahead and publish the article," the judge said.
The judge made it clear that the restrictions are only with reference to any publication, which involved some matter which was exclusively private.
It is not extended to her functions as a member of Parliament or as a leader of political party, the judge said.
In his order yesterday, the judge quoted a Supreme Court judgment relating to right to privacy and said though there cannot be a blanket injunction against the magazine, there cannot be an order in its favour enabling them to publish anything and everything in the guise of public interest.
"I am therefore, of the opinion that the order of injunction granted on January 5, 2014 and modified by the order dated April 25, 2016 is to be made absolute, subject to the conditions that the magazine shall not publish anything regarding the private life of the applicant," the judge said.
The matter relates to a civil suit moved by Kanimozhi, seeking to restrain the magazine from publishing any article, picture or caricature in any manner causing damage to her reputation.
She also sought Rs 1 crore as damages from the magazine.
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