Madras HC: Gagging media will make India a Nazi state
TNN | Updated: Nov 23, 2018, 11:10 IST
Madras High CourtCHENNAI: The Madras high court on Thursday observed that India will become a Nazi state if the media is gagged for publishing news articles. The court made the observation while quashing a criminal defamation complaint moved against a magazine by the AIADMK government in 2012 on behalf of then chief minister J Jayalalithaa.
Allowing the plea moved by management of India Today Tamil magazine challenging the prosecution initiated before the principal sessions court here, Justice P N Prakash said that the proceedings before the trial court are nothing but an abuse of the process of law.
The issue pertains to a news article published by the magazine in its edition dated August 8, 2012 claiming that it was only at the instance of V K Sasikala, the then chief minister J Jayalalithaa removed K A Sengottaiyan as minister of her cabinet.
Claiming that the news article had damaged the reputation of Jayalalithaa, the then city public prosecutor moved criminal defamation complaint on behalf of her.
Assailing the prosecution, the magazine has moved the present appeal.
When the plea came up for hearing, the judge said, “For publishing a news, if the press is gagged, democracy in this country will be in utter peril.”
India is a vibrant democracy and the fourth estate is indubitably an indispensable part of it. If the voice of the fourth estate is stifled in this manner, India will become a Nazi state and the hard labour of our freedom fighters and makers of our Constitution will go down the drain, the judge said.
“There may be some occasional transgressions by the press. However, in the larger interest of sustaining democracy, those aberrations deserve to be ignored,” the court said. Noting that he court was not able to find even an iota of material to show that there is any imputation intending to harm the reputation of Jayalalithaa, the court refused to accept the arguments of public prosecutor A Natarajan that on reading of the entire article, the public could draw an inference that Sengottaiyan was removed from ministership only at the instance of Sasikala and this would amount to imputation.
Allowing the plea moved by management of India Today Tamil magazine challenging the prosecution initiated before the principal sessions court here, Justice P N Prakash said that the proceedings before the trial court are nothing but an abuse of the process of law.
The issue pertains to a news article published by the magazine in its edition dated August 8, 2012 claiming that it was only at the instance of V K Sasikala, the then chief minister J Jayalalithaa removed K A Sengottaiyan as minister of her cabinet.
Claiming that the news article had damaged the reputation of Jayalalithaa, the then city public prosecutor moved criminal defamation complaint on behalf of her.
Assailing the prosecution, the magazine has moved the present appeal.
When the plea came up for hearing, the judge said, “For publishing a news, if the press is gagged, democracy in this country will be in utter peril.”
India is a vibrant democracy and the fourth estate is indubitably an indispensable part of it. If the voice of the fourth estate is stifled in this manner, India will become a Nazi state and the hard labour of our freedom fighters and makers of our Constitution will go down the drain, the judge said.
“There may be some occasional transgressions by the press. However, in the larger interest of sustaining democracy, those aberrations deserve to be ignored,” the court said. Noting that he court was not able to find even an iota of material to show that there is any imputation intending to harm the reputation of Jayalalithaa, the court refused to accept the arguments of public prosecutor A Natarajan that on reading of the entire article, the public could draw an inference that Sengottaiyan was removed from ministership only at the instance of Sasikala and this would amount to imputation.
FROM AROUND THE WEB
more from times of india Cities
LATEST VIDEOS
City
Remote tribe kills American tourist on Andaman and Nicobar Islands02:54- Rape case registered against actor Alok Nath after complaint by script writer00:44
- Terror advisory issued by Delhi Police: 2 terror suspects roaming around Delhi00:46
- 1984 anti-Sikh riots: Death penalty, life term for two convicts01:16
- On cam: Youth throws ink on Kanhaiya Kumar and Jignesh Mewani00:55
- Andhra Pradesh: Miraculous escape for man as goods train almost passes over him01:03
- Tripura: Police recover cannabis worth Rs 82 lakh01:11
- Nirankari Bhawan attack: Bike-borne attackers caught on CCTV01:33
- Tamil Nadu: Woman officer accuses AIADMK district secretary of sexual assault01:55
- PM Narendra Modi inaugurates Western Peripheral Expressway in Gurugram04:08
All Comments ()+^ Back to Top
Refrain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks, name calling or inciting hatred against any community. Help us delete comments that do not follow these guidelines by marking them offensive. Let's work together to keep the conversation civil.
HIDE