Madurai, June 30: The Madras High Court on Tuesday dismissed a petition seeking action against BJP leader Subramanian Swamy and Justice Markandey Katju for their alleged derogatory remarks against Netaji Subbash Chandra bose, saying a cognizable offence had not been made out.
Dismissing the petition, Justice M M Sundaresh also said the court did not have power to order an investigation under the Criminal Procedure code.
"The petitioner, without filing the complaint to the concerned and competent authorities, could not approach the court," the judge said Petitioner A Azhagu Meena Subbash, organiser of Bharatiya Subash Sena, had sought action on the basis of some remarks reportedly made by Swamy in an interview to a Tamil daily on January 11 this year.
He alleged that former chairman of Press Council of India, Justice Markandey Katju, had also allegedly used 'derogatory' and 'defamatory' remarks against Bose.
He said he had given a complaint to take appropriate action against them but was advised by central government officials to approach law enforcing agencies on the matter.
He had approached National Investigating Agency and CBI but no action was taken on his petition. Hence he filed the petition.