Madras High Court (File photo) 
Tamil Nadu

EPS case: Gag order against Arappor Iyakkam

HC says NGO’s charges on awarding of highway tenders during ex-CM’s tenure is “deliberate act to defame dignity”

R Sivakumar

CHENNAI: The Madras High Court on Monday passed a gag order against NGO Arappor Iyakkam, barring it from “making further derogatory” statements against AIADMK interim general secretary Edappadi K Palaniswami on alleged irregularities in awarding highways tenders during his tenure as chief minister.

The court held that the organisation’s views were “defamatory in nature” and uploading them on social media platforms was a “deliberate act” to “defame the dignity” of Palaniswami. It will be appropriate to restrain the respondents from making further derogatory statements, Justice Krishnan Ramasamy said in the interim order passed on a defamation suit against the NGO filed by Palaniswami.

Blaming the NGO for making “untenable allegations” against Palaniswami, and at the time of his appointment as AIADMK interim general secretary, the judge said, “Right to free speech does not give the right to an individual to defame others.”

The judge pointed out that a complaint lodged with the DVAC had not been registered due to insufficient material to substantiate the allegations. He further termed baseless the NGO’s charges of favouritism shown in awarding contracts to Palaniswami’s close relative Nagarajan. “...there is no role to play by the applicant as Minister at the relevant point of time in the matter of finalisation of tenders,” he added.

Referring to government policies and matters of contracts, the court noted, the administration will decide and take appropriate directions wherein, ministers have no role to interfere with these functions. The working of a democratic society depends on the members of that society, being informed not misinformed, noted the court.

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