Supreme Court makes ‘touchy’ remarks on defamation complaint

While hearing Union Minister Murugan's plea relating to criminal defamation proceedings, court says "you cannot be "touchy" in politics"

New Delhi: You cannot be “touchy” in politics, the Supreme Court observed while hearing Union Minister of State for Information and Broadcasting L Murugan’s plea relating to a criminal defamation proceeding initiated against him.

Murugan approached the apex court last year, challenging a September 5, 2023, Madras High Court order in which it had refused to quash the proceeding against him on a complaint filed by Chennai-based Murasoli Trust for his alleged defamatory statements during a December 2020 press conference.

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While agreeing to hear his petition on September 27 last year, the top court stayed the proceeding against Murugan that was pending in a special court in Chennai. The apex court had also sought the Trust’s response on his plea challenging the High Court order.

When the matter came up for hearing before a Bench of Justice BR Gavai and Justice KV Viswanathan on Friday, the counsel appearing for Murugan said, “Where is the question of defamation in this case?” The lawyer appearing for the Trust sought an adjournment in the matter.

“You cannot be touchy in politics,” the Bench observed. “Put up after four weeks at the request of the counsel for the respondent,” the apex court said. Murugan had earlier approached the High Court, challenging the proceeding initiated against him.

The High Court had noted in its order that according to the Trust, Murugan made the statements “with an ulterior motive to degrade and tarnish the reputation of the Murasoli Trust in the eyes of the general public”.

“While dealing with the quash petition, this court cannot 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 High Court had said.

“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,” it had said. While dismissing the petition, the high court had directed the trial court to dispose of the case within three months.

“It is left open to the petitioner (Murugan) to raise all the grounds before the trial court and the same will be considered on its own merits and in accordance with law,” it had said.