Madras High Court today disposed of DMDK founder Vijayakant's plea seeking to declare some provisions of CrPC, IPC and state government orders, pertaining to prosecution of a person under criminal defamation as illegal and ultra vires of the Constitution.
However, the First Bench, comprising Acting Chief Justice Rajesh Kumar Agrawal and Justice M Sathyanarayanan, said he was at liberty to file miscellaneous petitions in his other pleas, pending before other benches with similar prayers.
The bench said since petitions were pending before other benches, a separate petition seeking to declare the provisions as illegal and ultra vires was not maintainable.
Vijayakant moved the court seeking to declare Sections 199(2) and (4) of Criminal Procedure Code (CrPC), which enabled government to take cognisance of an offence by a person against a public servant on a complaint in writing made by the public prosecutor, as illegal and ultra vires to the Constitution.
He also submitted that the provision was inconsistent with Section 499 of the IPC (the speech amount to defamation).
He also sought to declare state GOs dated November 11, 2012, which took cognisance of an offence by him on the complaint made by City Public Prosecutor in Principal District and Sessions Judge, Chennai as illegal and unconstitutional.
The Bench dispensed with his personal appearance before the Principal District and Sessions Judge, before whom the criminal defamation case was pending.
Vijayakant filed the present plea as had not challenged the GOs sanctioning the CPP to file a complaint against him.
