List defamation cases involving legislators on top priority: Madras High Court [Read order]

Source:-https://www.barandbench.com

The Madras High Court recently directed that defamation cases pending before it involving MPs/MLAs/ legislators should be listed on top priority.

The order was issued as part of its efforts to monitor the expeditious disposal of cases registered against legislators in line with the Supreme Court’s directives on the same.

The Supreme Court had issued directions on the issue in a public interest litigation (PIL) moved by Ashwini Kumar Upadhyay for the decriminalisation of politics and the expeditious disposal of cases involving legislators.

In an order passed on December 1, the Madras High Court Bench of Chief Justice AP Sahi and Justice Senthilkumar Ramamoorthy noted that there are “56 cases pending in the High Court arising out of the alleged offences of defamation under Section 499/500 of the Indian Penal Code.”

This was out of the approximately 98 cases estimated to be pending before the High Court involving legislators. In view of this, the Bench directed as follows, as regards the defamation cases involving legislators:

“We direct that these cases be listed on top priority with at least ten cases every day on rotation basis before the learned Single Judge dealing with the matter.”

Other cases would also have to be listed, at the convenience of the Bench concerned, the Court added, either through video conferencing or for physical hearing.

The Bench noted that earlier, 107 cases involving legislators were pending before the High Court, with 91 before the principal Bench of the High Court and 16 before the Madurai Bench. Since September 16, nine such cases were disposed of.

A copy of the order was directed to be circulated to the subordinate courts in Tamil Nadu so that they may comply with the directives of the Supreme Court regarding the expeditious disposal of cases involving MPs/MLAs. The High Court further directed:

“The Subordinate Courts concerned shall fix these cases on priority and report about the progress of these cases to the Registrar General, to be placed before this Bench whenever the matter is listed next.”

In the course of the order passed on December 1, the Bench also took particular note of a case involving allegations of income tax offences against MP Karti Chidambaram and his wife, Srinidhi Karti Chidambaram, wherein the petitioners had gone on appeal before the Supreme Court after a single-judge Bench of the High Court ruled against them. The Supreme Court had issued notice in the appeal.

The Chief Justice-led Bench directed the Registrar (Judicial) to appraise the High Court of any future developments in that case as well.

The case will be taken up by the Madras High Court next on January 5, 2021. The Registrar (Judicial) and the Registrar (IT-cum-Statistics) were asked to collect the information from the concerned courts and place it before the Bench when the matter is heard next.