The Madras High Court has granted time till July 4 for Chief Minister K Palaniswami to file his counter to an application submitted by a journalist seeking rejection of a suit filed by the CM claiming Rs 1.10 crore as damages for publishing allegedly defamatory statements.
When the case came up before Justice R Subramanian, counsel for the chief minister sought time to file the counter which was granted by the judge who posted the matter for further hearing to July 4.
The matter relates to former managing editor of Tehelka Mathew Samuel releasing a video in January alleging involvement of the Tamil Nadu chief minister in the 2017 Kodanad estate break-in.
Samuel has filed an application seeking rejection of the suit stating that he produced an investigative documentary into the robbery and murder that took place in the residence of former chief minister, late J Jayalalithaa, at Kodanadu on April 23, 2017.
He further submitted that the documentary was an exercise of his right to freely speak and practice his profession which is constitutionally protected.
"..The plaint of Chief Minister is liable to be rejected for non-joinder of his party, since he claims that alleged defamatory statements were made in order to hurt the electoral prospects of his party in the general elections and the by-elections."
He further submitted that it has never been held by the court that "any political party or politician has any vested monetary right in the votes cast by the people in elections and could sue to claim damages in respect of such right."
If the court were to uphold such a right for the first time, "it would be a serious repudiation of our democratic tradition and culture of free expression of ideas besides opening the floodgates to allow lawsuits by politicians against newspapers, TV channels, social and business organisations, constituents and even judges," he submitted.
On April 23, 2017, the security guard of the Kodanad estate was found murdered in a robbery attempt by a 10-member gang.
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