KARNA & ORS. Vs. M. JOTHISORUPAN

JUDGEMENT

(1.) One of the earliest stories that all of us have heard is "The Cap Seller and the Monkeys". A cap seller was passing through a forest with a box full of caps. He got tired. He sat down under a tree and slept. When he got up, he found the box open and almost all his caps missing. He was startled to find that the caps had been taken away by the monkeys who were wearing them. He wondered how to retrieve his caps. He thought for a while. It then struck him that if he threw the cap which he was wearing, on the ground, the monkeys also may follow suit. He threw his cap on the ground and the monkeys did likewise. This tale has been told from generation to generation to impress upon the children with the moral that one must use one's brain to get things done.

(2.) This tale furnished the theme for cartooning some developments in Dravida Munnetra Kalagham, a political party. Its leader Dr.M.Karunanidhi was portrayed as the cap seller while the party workers were shown as the monkeys. This cartoon published in Dinamalar issue dated 07.01.2013 gave rise to the impugned prosecution. The respondent who claims to be an ardent member of the said party alleges that there has been lowering of the reputation of the party workers in the eyes of the general public. The respondent lodged a private complaint before the Judicial Magistrate, Theni who took cognizance of the same and issued summons to the petitioners who are the Cartoonist, Editor and Publisher of the said news daily.

(3.) Heard the learned counsel on either side.