Madras High Court Closes Suo Motu Plea Against Publisher Over Controversial Book
The Madras High Court has officially closed a suo motu contempt petition that was initiated against a publisher accused of planning to release a book containing defamatory and scandalous remarks about Justice G R Swaminathan. This decision came after a detailed report from the Saidapet police confirmed that the controversial book was not published or displayed at the Chennai Book Fair as originally alleged.
Court Proceedings and Police Investigation
On Wednesday, the first bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan presided over the case. The bench decided to close the plea after reviewing a report submitted by the Saidapet police. According to the inspector involved in the investigation, a thorough search was conducted at the stall allotted to Keezhaikaatru Publishers during the Chennai Book Fair, which took place on January 8.
The police report stated: "We conducted a search in the stall allotted to Keezhaikaatru Publishers in the book fair. But no objectionable books with a caricature of the judge, including pictorial representation, were found in the stall or in any electronic devices." This finding played a crucial role in the court's decision to close the proceedings.
Publisher's Response and Actions
Keezhaikaatru Publishers responded proactively to the situation. Upon receiving an objection from the Booksellers and Publishers Association of South India (BAPASI) on January 3, the publisher took immediate steps to address the concerns. They posted a social media announcement stating that they would cease selling all books related to the issue, including any with pictorial representations.
Furthermore, the publisher provided a categorical assurance to the court. They confirmed that no such book had been published, sold, or displayed at the book fair, and that all related posts on social media had been deleted. This assurance was recorded by the bench, which contributed to the closure of the suo motu contempt petition that had been initiated on January 7.
Background of the Case
The suo motu proceeding was initiated by the court based on an urgent plea filed by advocate P Naveen Prasad. The plea alleged that the book in question was directed against Justice Swaminathan due to his judgment in the Thirupparankundram issue. It described the content as scandalous, abusive, and derogatory, prompting the court to take swift action to protect the dignity of the judiciary.
The case highlights the judiciary's vigilance in addressing potential contempt and defamation, especially when it involves sitting judges. The Madras High Court's decision to close the plea after verifying the facts underscores the importance of evidence-based rulings in legal matters.
This incident serves as a reminder of the legal boundaries surrounding freedom of expression and the responsibilities of publishers in India. It also reflects the collaborative role of associations like BAPASI in maintaining ethical standards in the publishing industry.
