Defamation suit: K'taka HC stays further proceedings

Bangalore, Sep 5 (UNI) The Karnataka High Court today stayed further proceedings in a defamation case against Chief Minister H D Kumaraswamy, Forests Minister C Chennigappa and Home Minister M P Prakash filed by suspended BJP MLC Janardhana Reddy in the JMFC court in Bellary.

Admitting two separate petitions filed by Mr Kumaraswamy and Mr Chennigappa challenging the summons issued by the JMFC, Justice Huluwadi Ramesh also stayed the summons and called for records from the lower court.

In their petitions, the duo contended that the trial court had no jurisdiction to entertain the complaints filed by the complainant solely based on newspaper reports of alleged defamation punishable under Sections 499 and 500 of the Indian Penal Code (IPC).

The petitioners as ministers were public servants and the complainant had to obtain prior sanction under Section 197 of the Code of Criminal Procedure (CrPC), they pointed out.

They further argued that as neither newspapers nor its editors had been made a party to the complaint, the same was not maintainable. Besides, the alleged statements were not defamatory to constitute a penal offence, they said.

The petitioners said the procedings before the JMFC were illegal and liable to be set aside.

The court also directed issuance of notice to the complainant.

Taking cognizance of the defamation suit filed by Mr Reddy in connection with Rs 150 crore bribery issue, the JMFC had issued summons to Mr Kumaraswamy, Mr Chennigappa and Mr Prakash, asking them to appear before him on September 7. He had also observed that the complaint had been made out of prima facie case.

Mr Prakash had already been exempted by the High Court from personally appearing before the JMFC court in a separate petition filed by him. The Court had also stayed his summons.

UNI XR RG KD HT2118