State Of Tamil Nadu Through Public Prosecutor Files Defamation Complaint Against BJP Leader K. Annamalai
|A complaint has been filed by the state of Tamil Nadu against state BJP Leader K. Annamalai over his alleged defamatory statements made against the Chief Minister of Tamil Nadu MK Stalin. The complaint has been filed before the court of the Principal District and Sessions Judge at Chennai through the City Public Prosecutor, City Civil Court at Chennai.
“The complainant submits that the accused Thiru K. Annamalai, State President, Bharatiya Janata Party, Tamil Nadu in a press meet held at BJP head quarters Kamalalayam, T Nagar Chennai on 14.04.2023 made defamatory statements and eventually exhibited videos which was uploaded and circulated in various social media, intending to harm the reputation of the Hon’ble Chief Minister, Government of Tamil Nadu in respect of his conduct in the discharge of his public functions”, the petition read.
As per the petition, the complainant stated that the statements were not made in good faith but with malice to defame the Chief Minister for personal and political gain of the BJP leader.
“The complainant submits that the accused has caused immutable INJURY TO THE REPUTATION of the Hon’ble Chief Minister Government of Tamil Nadu and his statements and video clippings contain both elements of mens-rea and actus-rea”, reads the plea.
While enclosing the entire transcript of the speech made by K. Annamalai with the petition, it was stated “…the first extracted imputation is relatable to the discharge of public function by the Hon’ble Chief Minister in his capacity as a Chief Minister of Tamil Nadu from the year 2021 and the second and third imputations are relatable to the discharge of the public function by the Hon’ble Chief Minister in his capacity as a Deputy Chief Minister of Tamil Nadu between the years 2009 and 2011. Hence they are falling within the scope of Section 199(2) of Code of Criminal Procedure 1973.”
It is also stated that the statements are not only defamatory in nature but have direct nexus with the discharge of public duties of the office of the Chief Minister of Tamil Nadu.
The complaint states that the State has accorded sanction to the Public Prosecutor under Section 199(4) of CrPC for filing the complaint, through a government order signed by the Secretary to the state government, public department.
Hence it is prayed before the Court to take cognizance of the complaint and proceed against the BJP Leader for offences under Sections 499 and 500 of IPC.