The Madras High Court has quashed the defamation case against former AIADMK minister C Ve Shanmugam, ruling that criticizing the ruling government is a democratic norm and does not amount to defamation. The court emphasized that free speech cannot be stifled through criminal cases.Justice GK Ilanthiraiyan cited Article 19(1)(a) of the Indian Constitution, which guarantees the right to dissent, and held that Shanmugam’s speech was mere criticism of the Tamil Nadu government and not defamatory. The judge also noted that the State must be open to criticism and should not suppress opposition voices through legal action. However, he advised Shanmugam, a Rajya Sabha member, to avoid hate speech while addressing public gatherings.
The case stemmed from a demonstration organized by Shanmugam in Villupuram on July 20, 2023, where he allegedly called Chief Minister MK Stalin a “puppet” and accused the government of mismanagement leading to inflation. The Villupuram police booked him under Sections 499 and 500 of the IPC for defamation, and the sessions court took cognizance of the case. However, Shanmugam challenged the case in the High Court, arguing that it was politically motivated. Accepting his plea, the court ruled in his favor, reinforcing the importance of free speech in a democracy.