Dhinakaran loyalist moves HC challenging FIR against him

The Madras High Court today directed its registry to list a petition of AIADMK leader Nanjil Sampath, a staunch loyalist of sidelined party deputy chief TTV Dhinakaran, seeking quashing of an FIR against him over his alleged vulgar remarks against the state BJP chief.
Justice M S Ramesh gave the direction after the counsel for Sampath submitted that the petition had not listed on the ground that the original FIR had not been enclosed.
Directing the registry "to number" the petition, the judge dispensed with the production of the original FIR.
In his petition, Sampath, propaganda secretary of AIADMK (Amma), said that police in suburban Pallavaram had registered a case against him under IPC and TN Prohibition of Harassment of Women Act on a complaint by a local BJP functionary.

The complainant had alleged that Sampath was criticising BJP state president Tamilisai Soundarrajan using vulgar words.
Sampath said the complaint was filed in connection with his statement to a TV channel in response to a question about various political leaders. He claimed his remark on Soundarrajan was neither defamatory nor outraged her modesty.

The averments made in the FIR did not make out any offence as alleged and there was no assault and criminal force. Hence the question of offences under the sections cited in the FIR did not arise, he submitted.
Sampath also said leaders of political parties were not above criticism and freedom of expression was a fundamental right guaranteed by the Constitution.

The petitioner alleged that the police with an intention to tarnish his reputation had registered the case in violation of all principles of law and provisions of Code of Criminal Procedure (CrPC).