SC Stays Madras HC Order Restoring Defamation Complaint Against Edappadi K Palaniswami

The Supreme Court on Friday stayed an order of the Madras High Court which had set aside a trial court order dismissing a criminal defamation complaint by former AIADMK MP K C Palanisamy against party general secretary Edappadi K Palaniswami.

The high court had passed the order on November 28 last year on a plea by Palanisamy challenging the trial court order. It had restored the complaint and said the trial court shall proceed with it further as per law.

The plea filed by the AIADMK general secretary against the high court order came up for hearing before an apex court bench of Justice B R Gavai and Justice Sandeep Mehta, which stayed the order.

The high court had noted in its order that in the complaint, Palanisamy had alleged that Palaniswami had made certain imputations against him which were per-se defamatory. He had alleged that these imputations were made with the intent to tarnish his reputation and image.

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“Pointing out that the averments in paragraph 3 of the affidavit, it was submitted that the respondent (Palaniswami) had not only falsely stated that the petitioner (Palanisamy) was expelled by the party leader late Dr J Jayalalithaa, but also added that it was for misusing and abusing the association with the party for his personal gain,” the high court had noted in its order.

It had said, “This court finds prima facie material that the statement made about the character of the petitioner (Palanisamy) as the reason for expulsion from the party is done with the malicious intention to defame his reputation and bring down his esteem from the eye of the readers of the imputation.”

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