A court here today issued summons to DMK President M Karunanidhi in a defamation case, filed on his behalf in 2011 when he was chief minister, to appear and explain whether the privilege to be represented through the Public Prosecutor available to those in public office should extend even after demitting the office.
Raising the question of law, Principal Sessions Judge G Jayachandran directed Karunanidhi to appear before the court on July 27 and explain whether the privilege can be extended even after demitting the public office.
He passed the order when the defamation case filed against Tamil activist P Nedumaran on April 21, 2011 by the then city Public Prosecutor Shajahan on behalf of Karunanidhi, the then chief minister, for an allegedly defamatory speech.
The Judge in his order said accused (Nedumaran) was absent.
"The complainant is the then City Public Prosecutor who has filed the complaint on behalf of then CM u/s. 199(2) of Cr.Pc. The privilege to file complaint through CPP is available for public servant employed in connection with the affairs of the Union of State.
"But after demitting public office, whether such privilege extends is the question of law to complainant M Karunanidhi. Issue summons to appear on 27/07/2016," the Judge said.
While filing the complaint, the then PP had prayed to the court to take the complaint on file and punish Nedumaran for offence punishable under section 500 IPC.
