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Synopsis

The Madras High Court earlier this week upheld the defamation case against Union Minister Dr. L Murugan by DMK's Murasoli Trust, ordering a swift three-month trial.

The bench of Justice N Anand Venkatesh passed the order in a petition filed under Section 482 CrPC to quash the case against Murugan filed by the Trust.

Murugan is the former State President of the Bharatiya Janata Party and presently, he is the Minister of State in the Central Government.

The allegations against Murugan were that he made defamatory statements when he attended a press meet on December 28, 2020 against Murasoli Trust, of which CM MK Stalin is one of the trustees. The Trust alleged that said statements were made with an ulterior motive to degrade and tarnish the reputation of the Trust in the eyes of the general public.

A legal notice was issued by the Trust the next day to Murugan calling upon him to withdraw the defamatory statements and to tender unconditional apology, to which Murugan did not respond. 

Consequently, the Trust filed a private complaint against Murugan under Sections and 499 and 500 of the Indian Penal Code. 

The Trust claimed that Murugan attempted to create an impression as if the Trust was being run on a Panchami land. 

The counsel appearing on behalf of the Trust submitted that it had been functioning for more than 35 years in the same place and that there was no question of challenging the right and title of the property, over which, the Trust was functioning. 

The single judge bench noted that the Trust's allegation was that Murugan was again and again trying to project as if the Murasoli Trust is functioning in a property without any right or title, however, Murugan's counsel argued that there was no imputation and Murugan had merely asked Chief Minister MK Stalin to show the documents pertaining to the Murasoli Trust.

"In an offence of defamation, the statements have to be tested only from the point of view of a common prudent man, who comes across the defamatory statements made. Even if the petitioner thinks that there was no imputation and that he had merely put a question, such statements will be understood by others as if the petitioner is repeatedly questioning the right and title of the property, over which, the Murasoli Trust is functioning and he also wants to drive home the point that it is functioning in the panchami land," opined the bench. 

The bench added that while dealing with the quash petition, it could not 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, the bench stated. 

On going through the complaint and also the materials placed, the single judge bench held that it was prima facie convinced that the first limb of the offence of defamation had been satisfied by the complaint given against the petitioner.

"The petitioner made statements during a press meet and they were also published in the newspapers the next day. Hence, there is no difficulty in rendering a finding that the second limb of the ingredients under Section 499 of the IPC is also satisfied," the bench held. 

Therefore, court dismissed Murugan's quash petition while directing the Assistant Sessions Judge/Additional Special Court for Trial of Cases related to Members of Parliament and Members of Legislative Assembly of Tamil Nadu, Chennai to disposed of the concerned trial case within a period of three months from the date of receipt of a copy of the high court's order. 

It is left open to the petitioner to raise all the grounds before the Trial Court and the same will be considered on its own merits and in accordance with law, added the bench. 

Case Title: Dr.L.Murugan v. Murasoli Trust