
CHENNAI: The Madras High Court on Tuesday ordered a popular Tamil bi-weekly to pay Rs 25 lakh in damages to DMK treasurer and MP T R Baalu for “damaging his reputation” by publishing a defamatory article on the Sethusamudram project in 2012 without substantial proof. However, the court refused to grant a permanent injunction, as sought, against the magazine from publishing articles about him.
“… it is proven that the news items which appeared in the bi-weekly Tamil magazine ‘Junior Vikatan’ on 22.12.2013 are malicious and defamatory, thereby lowering the character and reputation of the plaintiff,” Justice AA Nakkiran said in the order pronounced on Tuesday.
He concluded, “Hence, the plaintiff is entitled to damages on account of the damage to his image both among the public and his family.”
Partly decreeing the suit, which was filed in 2014, the judge ordered the payment of Rs 25 lakh in damages within a month, but stated that the plaintiff could not seek a permanent injunction in the present suit.
“In enjoying the freedom of the press, they have the liberty to publish news for the public with solid proof; however, they should not tarnish the image and reputation of a person without verifying the veracity of the news and confirming the same.
As a renowned magazine with wide circulation, they should take much more caution before publishing news and cannot take the liberty of tarnishing the image and reputation of the plaintiff, especially while the plaintiff held various posts,” the judge observed.
Senior counsel P Wilson, assisted by advocate Richardson Wilson, appeared for Baalu.
The judge also noted that the article, which stated that Baalu had called Rahul Gandhi a ‘small boy’ in his speech at an indoor party meeting, was made without proper verification or confirmation of the facts, and was published with ‘a calculated intention’ of defaming Baalu. The judge stated that the comments were attributed to him ‘purely out of ill-will’ with the ‘intention to defame him’ before the general public.