MADURAI: Observing that the DMK party had not authorised to file a defamation case against YouTuber Maridhas, the Madurai Bench of Madras High Court quashed the defamation case filed against him for his controversial video connecting DMK with a Pakistan based NGO during the CAA protests.
Maridhas, who was aggrieved by the summon issued by Thoothukudi Judicial Magistrate No.3, after taking cognizance of the offence based on a complaint from a DMK cadre S.R.S.Umari Shankar under Section 500 of IPC, approached the High Court Bench to quash the same.
Justice GR Swaminathan, who heard the case, after viewing the particular video released by the YouTuber stated that Maridhas had targeted Gayathri Kanthadai, who had resorted to a novel form of protest by drawing a 'Kolam' against CAA) and Dravida Munnetra Kazhagam (DMK).
"If DMK or Gayathri Kanthadai had lodged a complaint under Section 500 of IPC, the locus standi could not have been questioned. Admittedly, the complaint was filed neither by DMK nor by Gayathri. The respondent has filed it in his individual capacity and not on behalf of DMK" the Judge said, though Umari Shankar claims to be a member and also an office bearer of DMK, there is nothing on record to show that DMK had authorised him to file the impugned complaint.
"When the political party alone is defamed, can any member can file a complaint for defamation?" the Judge said. "If a recognized political party has been defamed, a complaint by a high ranking functionary like the President or Secretary of the Party would definitely be maintainable in the light of the aforesaid decision. Where the Party alone in contra distinction with partymen has been defamed, others not at the helm of affairs cannot maintain a complaint as they would not be persons aggrieved."
Further the Judge quashed the proceedings of the Thoothukudi JM court, by maintaining that the party (DMK) did not authorised the complainant and where the complainant on his own accord filed the private complaint, he would not be a person affected and he cannot invoke Section 500 of I.P.C