Defamation complaint: You cannot be touchy in politics, says SC
New Delhi (PTI): 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.
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.
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Bangladesh High Court refuses to ban ISKCON
Dhaka, Nov 28: Bangladesh High Court Thursday rejected a petition seeking a ban on ISKCON's activities in the country, days after a lawyer was killed in a clash between security personnel and supporters of a Hindu leader, previously linked to the religious group.
A lawyer had sought a ban on the International Society for Krishna Consciousness (ISKCON) after placing some newspaper reports related to the organisation on Wednesday.
"The two-member High Court bench of Justice Farah Mahbub and Debashish Roy Chowdhury on Thursday declined to ban the ISKCON activities in Bangladesh," a spokesman of the attorney general's office said.
He said the bench made the decision after the attorney general's office submitted a report on the action taken by the government regarding the death of assistant government prosecutor Saiful Islam Alif in the northeastern port city of Chattogram earlier this week.
Hindu leader Chinmoy Krishna Das Brahmachary, arrested earlier this week, was sent to jail by a Chattogram court on sedition charges, sparking a violent protest during which advocate Alif was killed. Chinmoy was earlier expelled from ISKCON.
"Right at this moment, the situation does not warrant the intervention of the (High) court as the State is carrying out its job (regarding the matter),” Justice Mahbub was quoted as saying by the spokesman.
The decision came a day after Attorney-General Mohammad Asaduzzaman urged the court not to take any decisions on the ISKCON issue as the government has started taking the required action.
Additional Attorney General Aneek R Haque and Deputy Attorney General Asad Uddin informed the bench that three separate cases have been filed in connection with the murder of the lawyer and ISKCON's activities, and 33 accused have been arrested in these cases.
The bench then hoped that the government would remain cautious about protecting the law and order situation and the lives and properties of the people of Bangladesh.
Meanwhile, ISKCON Bangladesh refuted allegations linking the organisation to the lawyer's killing, saying the claims were baseless and part of a malicious campaign.
"A series of false, fabricated, and malicious campaigns is being spearheaded targeting ISKCON Bangladesh, particularly in connection with recent events. These efforts are aimed at discrediting our organisation and creating societal unrest," general secretary of the organization Charu Chandra Das Brahmachari said.
Speaking at a press conference at the organisation’s head office, he said ISKCON Bangladesh was never involved in "communal or conflict-driven activities and will continue to promote unity and harmony".
"We have already clarified the matter multiple times through press conferences and official communications with the government and administrative authorities. Regrettably, certain groups continue to deliberately spread false propaganda against our organisation and make unreasonable demands, such as banning ISKCON," Das said.
He said that Chinmoy was previously expelled from the organisation along with two others for violating its rules and none of their activities were connected to ISKCON.
ISKCON Bangladesh President Satya Ranjan Baroi also spoke at the press conference, saying their organisation was dedicated to communal harmony, religious tolerance, and the welfare of humanity and “the allegations are an attempt to tarnish our religious and social reputation".
Jatiyatabadi Ainjibi Forum on Thursday staged a protest in front of the Supreme Court Bar, protesting the lawyer's killing and demanding the ban on ISKCON.
The group is regarded as the lawyers’ wing of ex-premier Khaleda Zia’s Bangladesh Nationalist Party (BNP).
Leaders of the Anti-Discrimination Students Movement, which led the mass upheaval to oust deposed prime minister Sheikh Hasina’s regime on August 5, also demanded the ban on ISKCON.
Separately, a group of Supreme Court lawyers sent a legal notice to the Bangladesh government on Wednesday seeking the ban on ISKCON describing it as a “radical organisation.”
India on Tuesday noted with “deep concern” Chinmoy's arrest and denial of bail and urged Dhaka to ensure the safety and security of Hindus and all other minority groups.
Earlier, the ISKCON had urged the Bangladesh authorities to promote "peaceful coexistence" for Hindus in the country as it "strongly" denounced the arrest of the Hindu leader.
Chinmoy, the spokesperson for Bangladesh Sammilita Sanatani Jagran Jote, was arrested from Dhaka’s Hazrat Shahjalal International Airport on Monday as he was about to fly to Chattogram to join a rally.
He was denied bail and sent to jail by the Chattogram’s Sixth Metropolitan Magistrate court in a sedition case on Tuesday.
