Be prepared for unwarranted remarks in politics, says SC in defamation case

One should be ready to receive all sorts of unwarranted and unnecessary compliments upon entering politics, the Supreme Court observed on Wednesday while hearing union minister L Murugan's plea in a defamation case.

The apex court in September 2023 stayed the criminal defamation proceedings against Murugan on a complaint filed by Chennai-based Murasoli Trust for his alleged defamatory statements at a press conference in December, 2020.

Murugan, union minister of state for Information and Broadcasting, moved the top court challenging the September 5, 2023 order of the Madras High Court, which refused to quash the defamation proceedings.

When the matter came up for hearing on Wednesday before a bench of Justices B R Gavai and K V Viswanathan, it asked his counsel, "Are you willing to make a statement that you had no intention to defame?"  The counsel appearing for the trust said that persons holding office had to be responsible.

"Free speech issues, you have to have breathing space," the bench said, "when you enter politics, you should be ready to receive all sorts of unwarranted, unnecessary compliments".

The counsel appearing for the trust said they were not in politics.

"He (petitioner) is making a statement that he did not intend to hurt your sentiments," the bench told the trust's counsel, who sought time till Thursday to seek instructions.

"They should fight the battles before the public," Justice Gavai said, "nowadays, it is said in Maharashtra that if you have to be in politics, you must have the skin of a rhino".

The bench posted the hearing on December 5.

The top court in September 2023, stayed the proceedings pending in a special court in Chennai against Murugan and sought a response from Murasoli Trust on his plea.

Challenging the proceedings against him, Murugan previously moved the high court, which recorded the trust's submission in its order that he made the statements "with an ulterior motive to degrade and tarnish the reputation of the Murasoli Trust in the eyes of the general public".

"While dealing with the quash petition, this court cannot go into the merits of the case or the disputed questions of fact. This court has to merely go by what is alleged in the complaint and prima facie find out as to whether the offence is made out," it said.

While dismissing his plea, the high court directed a Chennai trial court to dispose of the case within three months.

"It is left open to the petitioner (Murugan) to raise all the grounds before the trial court and the same will be considered on its own merits and in accordance with law," it said.