State can't be impulsive prosecutor, says HC

The Madras Superior Court on Thursday overturned several criminal defamation proceedings brought by the state government against media houses, saying the state cannot use criminal defamation cases to strangle democracy.

Listening to a batch of 25 petitions filed by the media seeking to annul proceedings in criminal defamation cases filed between 2011 and 2013, Judge Abdul Quddhose said: "If the state becomes an impulsive prosecutor in criminal defamation, That also matters in an era of social media where there are dozens of abusive content made against public figures, the court of sessions will be stuck with countless issues that are sometimes vengeful in nature just to settle scores with opposition political parties. "

The court reiterated that a state will have to show the utmost restraint and maturity in filing criminal defamation cases. He said that criminal defamation proceedings can be invoked only in cases where there is infallible material and when the initiation of prosecution under Section 199 (2) CrPC is inevitable. Criticizing the governments' tendency to use criminal defamation as a weapon against the media, the court said: "This threat will have to be stopped and nipped in the bud."