Madurai, Feb 29: The Madurai Bench of Madras High Court (HC) quashed a civil suit filed against Former Tamil Nadu Chief Minister and AIADMK Supremo J Jayalalithaa for her alleged remarks on Congress President Sonia Gandhi's citizenship.
Allowing a civil revision petition filed by AIADMK before the HC, Mr Justice G Rajasuriya directed the lower court last evening to remove from the file of Tiruchirapalli Principal District Munsiff Court, the suit filed by three Congressmen and a DMK functionary.The judge said the Tiruchirapalli District Munsif should not have entertained the suit, because the relief sought was beyond his jurisdiction.
The Congressmen and DMK functionary had sought a decree by the lower court for a direction to the Supreme Court to initiate contempt of court proceedings against Ms Jayalalithaa.
They contended when the apex court held Ms Gandhi was an Indian citizen, Ms Jayalalithaa's alleged remarks the AICC President was not an Indian, amounted to contempt of court.AIADMK Counsel N Jothi contended that no provision of law contemplated obtaining prior permission from a District Munsif to initiate contempt proceedings against a person for allegedly disobeying Supreme Court orders.
He said the suit was filed owing to misconception of the legal propositions.The judge observed it was not the case of the trio the alleged contemnor had disobeyed an order passed by the Munsif.
Even, if she had done so, the munsif could only refer the matter to the High Court as provided under the Contempt of Courts Act and certainly not to the Supreme Court.
Further, the present suit was not for defamation or to make the defendent pay compensation or to amend her remarks. The district munsif should not have entertained the suit.
But, the munsif has done so owing to some misconception, the judge said.