TN president M Appavu asks Madras High Court to quash defamation suit filed by AIADMK official spokesperson Babu Murugavel

When the case was heard on Thursday, Judge G. Jayachandran asked the respondent Babu Murugavel to respond to the plea and explain how the statements made by the speaker amounted to defamation of the AIADMK party.

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

Seeking to quash the complaint, Appavu, in his plea, argued that he was a reputed public leader who had been in politics for over five decades. He also challenged the maintainability of the complaint and argued that when defamation of a political party is alleged, only those at the helm of the party’s affairs can file a complaint. He added that Murugavel was neither the president nor the general secretary of the party and hence could not file a complaint over the alleged defamatory statements.

Appavu also pointed out that a close reading of the statements would show that these had nothing to do with Murugavel nor was he present when the purported speech was delivered. Appavu contended that the trial court erred in immediately taking cognizance of the complaint as Murugavel had neither stated that he heard the petitioner’s purported speech in its entirety nor examined the witnesses present at the ceremony in which the alleged defamatory speech had been made.

Appavu also contended that the complaint, filed on July 15, 2024, could not have been filed under the repealed Code of Civil Procedure but must have been filed under Section 531 of the Bharatiya Nagarik Suraksha Sanhita 2023.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 although the trial court had issued a summons when it became aware of it, the summons was never served on him.

Appavu argued that Murugavel’s complaint was illegal and inherently improbable and politically motivated and hence 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