HC quashes defamation case against magazine, says can't allow 'mighty' State to 'trample' press

If the press is gagged for publishing news, democracy in this country will be in utter peril and India will become a Nazi State, the Madras High Court has observed while quashing a defamation case filed against a magazine by the AIADMK government in 2012.

Justice P N Prakash allowed two petitions filed by the management of India Today Tamil Magazine challenging the prosecution proceedings initiated against it before the Principal Sessions Court, Chennai.

Ruling that the proceedings before the lower court were an abuse of process of law, the judge said the the court will be failing in its duty if such attempts by the "mighty State" to "trample the press for no good reason" are not resisted.

The matter relates to an article published by the magazine dated August 8, 2012, in which it was alleged that at the instance of Sasikala the then Chief Minister J Jayalalithaa removed Sengottaiyan as minister, following which the City Public Prosecutor filed a defamation case.

"For publishing a news, if the press is gagged, democracy in this country will be in utter peril," the court observed
In his order, the judge said, "On a reading of the aforesaid portions, this court is not able to find even an iota of material to show that there is any imputation intending to harm the reputation of Jayalalithaa, the then Chief Minister."
Justice Prakash said even on a reading of the entire article, "the court is not able to draw such an inference as argued by the public prosecutor."