Second Additional District and Sessions Judge A Badharudeen, while rejecting the interim petition of the CM, observed that aninjunction would be an encroachment in the rights of the opposition leader to point out flaws in the administration.
Chandy had contended that Achuthanadnan's statement that there were 31 corruption cases against him and 136 against his cabinet colleagues was baseless and defamatory.
The court said that "if an injunction is granted, which would work as one restraining the Opposition leader from pointing out flaws in the administration, it is an encroachment in the right of the Opposition leader. In view of the matter, the court is not inclined to allow the petition", the Judge said.
The Judge also said that this order shall not be read as oneoperating as a shield for adjudicating the suit of the petitioner (Chief Minister) on the merits and granting appropriate relief as per law.
Giving another reason for rejecting the plea, he said there was no prayer in the original suit for an injunction.
Chandy had contended that Achuthanandan's "defamatory" statement was fabricated for the sole purpose of maligning him and the reputation he enjoys among the people of the state.
Chandy in his defamation suit filed on April 28 sought a compensation of Rs one lakh from Achuthanandan for levelling baseless allegations.
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