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Even after SC rap, will Jayalalithaa stop dialling D for defamation?

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TS Sudhir
TS SudhirJul 28, 2016 | 16:25

Even after SC rap, will Jayalalithaa stop dialling D for defamation?

It has been the favourite weapon in Jayalalithaa's arsenal. Or most abused, you may want to call it, depending on which side of the fence you are on.

The D-Missile. With no compliments from Jayalalithaa. 

Between 2011 and 2016, the Tamil Nadu government under Jayalalithaa, either directly by her, or through ministers or law officers, filed defamation cases against anyone daring to lift their index finger against the chief minister.

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Criticism was neither forgotten nor forgiven. The number, according to sources, is around 200 cases, with close to 150 of them filed in a Chennai court. 

On target were politicians, journalists and social activists. Stories critical of the government and the CM personally got a notice.

Activist "Traffic" Ramaswamy got a notice for circulating a video message that criticised the flood relief efforts of the Jayalalithaa government. Folk singer Kovan was in for worse treatment, booked for sedition for singing a song against the government for promoting liquor consumption.

But the fear of defamation has had the desired effect, with a section of the media actually thinking twice before writing anything critical of the Jaya regime, knowing a "legal love letter" as a defamation case is sarcastically referred to, may be coming their way. 

Even the public was scared to say anything even remotely critical. Which is perhaps why in the run-up to the Tamil Nadu elections, even those in the areas worst-affected by the December 2015 floods, spoke well of Jayalalithaa both on and off news cameras, trying to convey an impression that the residents of the state capital were happy with the relief efforts by the AIADMK administration.

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On D-day however, the people spoke their mind on the EVM, dumping the AIADMK in 10 of the 16 constituencies in Chennai. 

In comparison, the anti-AIADMK politicians have been a less scared lot - the number of defamation cases seen as a badge of fearlessness. Former chief minister M Karunanidhi and BJP leader Subramanian Swamy have been the recipient of several such defamation notices. 

The Supreme Court order on Thursday, July 27, made it clear that as chief minister, Jayalalithaa will have to be tolerant of criticism.

Making it clear that defamation cannot be used as a political weapon or a way to counter attack, the court said that anyone who called a government "corrupt'' or "unfit'' cannot be slapped with a defamation case and threatened with prosecution.

Actor-turned-politician Vijaykant has reason to gloat because he had filed a petition challenging a non-bailable warrant issued against him by a court in Tiruppur for non-appearance.

This related to his wife and DMDK leader Premalatha calling the Jaya regime a corrupt administration in November 2015, following which the couple was dragged to court for defamation. The SC also stayed the arrest warrant against the two.

vijaykantbd_072816040355.jpg
Actor-turned-politician Vijaykant has reason to gloat because he had filed a petition challenging a non-bailable warrant issued against him by a court in Tiruppur for non-appearance.

Recognising the fact that cases for criticism create a "chilling effect'', the Tamil Nadu government was also asked to submit the entire list of defamation cases filed by it within two weeks.

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Those at the receiving end of the defamation cases point out that the AIADMK government uses them as a tool to harass, and that hardly any of the cases have come up for trial.

They believe it is so because if the case is heard, the defence counsel will be at liberty to explain the contents, which may not be palatable to Jayalalithaa.  

The problem is that other leaders too have taken a cue from Jayalalithaa's way of muscling criticism of any kind and putting fear in the minds of opponents.

Across the Mullaperiyar, former Kerala CM Oommen Chandy slapped defamation cases against both solar scam accused Saritha Nair and leader of opposition VS Achuthanandan for leveling charges against him. 

Andhra Pradesh chief minister Chandrababu Naidu, miffed by media reports in June that the structures at the under-construction temporary secretariat in Velagapudi near Vijayawada were sinking, accused journalists of a conspiracy to undermine the image of the capital.

Naidu went on to warn the media of legal action if it did not refrain from carrying what he called were "baseless reports''. 

In Telangana, the TRS government has gone a step further.

Cabinet minister Talasani Srinivas Yadav has warned that the government would put anyone opposing any irrigation project in jail. It is a clear case of arrogance that comes with power leading to a high-handed approach. 

The SC order came just a day after the Madras High Court had stayed the proceedings in the six defamation cases against Subramanian Swamy for alleged derogatory remarks.

Whether the order will act as a serious deterrent and stop the Jayalalithaa regime from slapping defamation cases is a million dollar question.

But if it heeds the top court's advice, it may make breathing in Tamil Nadu a bit easier. 

PS: A tweet by @prasadraoe in response to the Supreme court order said : "Where can she file a defamation suit against the SC?"

Last updated: July 29, 2016 | 12:55
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