Chennai, Oct 26 (Representative) A couple of days after reserving its orders, the Madras High Court has quashed a defamation petition filed by the Opposition AIADMK against Tamil Nadu Legislative Assembly Speaker M Appavu. The petition was filed by AIADMK Legal Wing Secretary Babu Murugavel seeking defamatoryaction against the Speaker for his remarks during a book release function last year that40 AIADMK MLAs, in the aftermath of death of J Jayalalithaa had intended to join the DMK andit was rejected by DMK President M K Stalin, and that it had affected the reputation of the MLAsand tarnished the party’s image. The case was heard by a Special Court trying cases against elected MPs and MLAs and MrAppavu filed a plea in the High Court seeking to quash the proceedings before the Special Court, which was upheld on Friday evening.Passing orders, Mr. Justice G. Jayachandran quashed the defamation complaint filedagainst the Speaker a couple of days after senior DMK Counsel P Wilson, appearingon behalf of the Speaker, submitted that Mr Babu Murugavel has no right to file the pleaas he was not a member of the AIADMK at the time of Ms Jayalalithlaa’s death and thathe has joined the party only in March 2018. He also contended that Mr Murugavel was in no way affected by the Speaker’s remarks,who had merely mentioned that only AIADMK MLAs and that he has not referred to anynames and sought to quash the defamatory proceedings. Reading out the judgement, the Court held that the complainant has no authorisation tofile for defamation on behalf of the AIADMK party as he was not authorised by the Presidentor Secretary of the party and has filed the plea only in his individual capacity.The Court also noted that a senior leader Mr. Jayakumar himself had told a press conferenceafter the speech of Mr. Appavu wherein he did not say the speech of Mr. Appavu defamed the AIADMK Further the Court observed that from the Committee which had appointed Mr. Babu Murugavel,may leaders have infact left the AIADMK party.
Therefore, the complaint was quashed on theground of locus standi. During the course of arguments on October 22, when the Judge reserved his orders after hearingboth the sides, Mr Wilson said Mr Murugavel has no right to file the case as only the 40 AIADMKMLAs could file the plea. “Who are the 40 MLAs. Only they could file the petition. The Speaker has not mentioned anynames and that his remarks were based on Infirmation and not defamation”, he said. On Murugavel’s contention that Mr Appavu’s remarks has tarnished the image of the AIADMK,he submitted that only the AIADMK High Command or those recognised by the party in the formof a resolution could file the plea. Citing various court verdicts, Mr Wilson said Mr Appavu had only said that during the death ofMs Jayalalithaa and that time Mr Murugavel was not a member of the AIADMK and that hebecame a member of the Party only in March 2018. “Hence he was in no way affected by it…how can he file the case. Moreover, he has filed the caseunder CrPc. But the Bharatiya Nyaya Sanhita (BNS) Act had come into force on July 1, 2024 andthe case was filed on July 15, 2024. The case should have been filed only under BNS Act and prayed for dismissing the defamation plea.Later, after hearing arguments on behalf the petitioner, Mr Justice Jayachandran reserved his orderson the plea of Mr Appavu, on which the court has quashed the AIADMK’s plea, giving relief for theSpeaker.