TN Speaker M Appavu Moves Madras High Court To Quash Defamation Complaint By AIADMK Official Spokesperson Babu Murugavel

When the matter came up for hearing on Thursday, Justice G Jayachandran asked the respondent, Babu Murugavel to respond to the plea and explain how the statements made by the speaker amounted to defaming the AIADMK party.

Murugavel had filed the complaint alleging that on November 11, 2023, Appavu, at a press release function at Muthamizh Peravai, Chennai had defamed the AIADMK party by claiming that 40 MLAs of the party were ready to switch over to the DMK after the demise of Dr J. Jayalalithaa. Murugan had thus filed the complaint before the Special Judge for the trial of cases related to MPs and MLAs alleging that Appavu had committed offenses punishable under Section 499 and Section 500 of the IPC.

Seeking to quash the complaint, Appavu, in his plea, submitted that he was a well-reputed public leader who had been in politics for over 5 decades. He also challenged the maintainability of the complaint and argued that when defamation of a political party is alleged, only persons at the helm of affairs of the party could file a complaint. He added that Murugavel was neither the President nor the General Secretary of the party and thus could not have filed the complaint for the alleged defamatory statements.

Appavu also pointed out that a perusal of the statements would show that the statements had nothing to do with Murugavel nor was he present when the alleged speech was made. Appavu submitted that the trial court had erred in taking cognizance of the complaint straightaway as Murugavel had neither stated that he had heard the petitioner's alleged speech in full nor examined any witnesses who were present at the function were the alleged defamatory speech was made.

Appavu also submitted that the complaint, made on July 15, 2024, could not have been filed under the repealed Code of Civil Procedure but must have been filed under Section 531 of the Bharatiya Nagarik Suraksha Sanhita 2023. He also pointed out that though the trial court had issued summons while taking cognisance, the summons was never served on him.

Appavu submitted that Murugavel's complaint was illegal and inherently improbable and actuated by political motives and thus the complaint was liable to be quashed.

Case Title: Muthuvelayudha Perumal Appavu @ M. Appavu v RM Babu Murugavel

Case No: Crl OP 25334 of 2024