Office Of Public Prosecutor Can’t File Private ‘Defamation’ Complaints When Alleged Statements Don’t Have Direct Bearing On Public Functions: Madras HC [Read Order]
‘The Public Prosecutor cannot institute a private complaint taking cudgels on behalf of the person defamed.’Quashing criminal proceedings against a Dravida Munnetra Kazhagam member who allegedly made defamatory statements against former Chief Minister of Tamil Nadu, the late J Jayalalithaa, the Madras High Court observed that for the statements which do not in any way pertain to. ‘The Public Prosecutor cannot institute a private complaint taking cudgels on behalf of the person defamed.’ Quashing criminal proceedings against a Dravida Munnetra Kazhagam member who allegedly made defamatory statements against former Chief Minister of Tamil Nadu, the late J Jayalalithaa, the Madras High Court observed that for the statements which do not in any way pertain to the public function discharged by the former Chief Minister, the office of the Public Prosecutor cannot be used to file the private complaints. Ilamparuthi approached the high court contending that he has not uttered anything with regard to the public function discharged by the then Chief Minister and that the complaints filed by the Public Prosecutor per se were not maintainable. Justice GR Swaminathan, mainly relying on the recent judgment of the apex court in KK Mishra v the State of Madhya Pradesh, observed that though the statements are per se defamatory, they do not in any way pertain to the public function discharged by the then Chief Minister.
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