NEW DELHI: In a relief to Tamil Nadu-based editor and publisher, Nakkheeran Gopal, the Supreme Court stayed proceedings against him in 15 criminal defamation cases lodged in Chennai local courts.
A bench of Justices Dipak Misra and P C Pant also issued notices to Union Law Ministry and the Tamil Nadu government on Gopal's petition which has also challenged the constitutional
validity of penal laws on defamation law and a CrPC provision.
Prior to the high-profile scribe, BJP leader Subramanian Swamy, Congress Vice President Rahul Gandhi and AAP leader and Delhi Chief Minister Arvind Kejriwal have moved the apex court seeking setting aside of defamation cases against them.
They have also challenged the constitutional validity of sections 499 (defamation) and 500 (punishment for defamation) under the IPC on the ground that they violate the fundamental right to freedom of speech and expression enshrined under the constitution.
Gopal, the editor, publisher and printer of Nakkheeran Tamil Bi-Weekly, has also challenged the validity of section 199(2) of the Code of Criminal Procedure.
The CrPC provision deals with procedure to be followed by the prosecutors in filing complaints if defamatory statements are made against dignitaries like President, Prime Minister and Chief Minister.
"Important question arises therein is constitutional propriety and permissibility or public authorities and figures initiating at all, criminal actions in libel and slander against criticism of the administration and administrators," he said in the plea.
"It is submitted the Special Speciality under section 199(2) of CrPC ...and the special kind of trial U/s 237 of CrPC are mostly misused by state authorities against the unpalatable but bonafide criticism. This facility is mostly used as a tool of harassment against media and opposition party leaders by all ruling parties.
"The sanction for prosecution is mechanically granted. For every filing of a complaint a special fees is drawn by the City Public Prosecutor," the plea, filed through lawyer Ram Sankar, said.
Gopal has also made former Chief Minister J Jayalalithaa, ex-state Chief Secretary Debendra Sarangi and others as parties to his plea.