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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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
