SESHAN T N Vs. ADMK

JUDGEMENT

(1.) Disposing of four applications for revoking the leave to sue, granted by the Madras High Court under Clause 12 of its Letters Patent and an application for grant of such leave, in all in five suits, a learned single Judge of this Court has ordered in favour of the plaintiff, declined to revoke the leave for instituting four suits by different plaintiffs and granted leave for instituting the fifth suit

(2.) The suits are filed mainly complaining that the book titled "Seshan - an Intimate Story" contained references to late Sri C.N. Annadurai, which were per se defamatory and reference as 'an affair with M.G. Ramachandran in the book contained objectionable references to late Sri M.G. Ramachandran, the two leaders of some eminence in public life. As facts disclose Sri T.N. Seshan allegedly narrated his experiences to Sri K. Govindan Kutty and on that basis the latter wrote the book titled "SESHAN-AN INTIMATE STORY".This book was printed and published by Konark Publishers Private Limited and copies of the book were sold to distributors and others. Prior to the sale and distribution, however, some excepts of the book appeared in the news papers and magazines in circulation all over India, including the state of Tamil Nadu. Copies of the book were also sent to Madras book distributors for sale. A formal function for the release of the book was arranged for Monday the 17th October, 1995 in Delhi. Suits, however, were filed by Sri M. Karunanidhi, Sri V. Gopala Swamy, Smt. Rani Annadurai and others and All India Anna Dravida Munnetra Kazhagam alleging defamation caused to late Sri C.N. Annudurai and another by All India Anna Dravida Munnertra Kazhagam alleging defamation caused to late Sri M.G. Ramachandran by the offending publications in the book and seeking the relief of permanent injunction. Four suits, however, i.e., one by Sri M. Karunanidhi, second by Sri V. Gopala Swamy, third by Smt. Rani Annadurai and others, and fourth by All India Anna Dravida Munnetra Kazhagam (the last tor the alleged defamation of late Sri M.G. Ramachandran) were taken by the Madras Court on its file, after applications seeking leave to sue were granted under Clause 12 of the Letters Patent of the Court In the suit, however, filed by All India Anna Dravida Munnetra Kazhagam for the alleged defamation of late Sri C.N. Annadurai was not numbered and the Court issued notice in the application for grant of leave to sue, to the defendants therein. While the proceedings in the suits were at the stage of being processed by the Madras Court, Sri K. Govindan Kutty moved the Supreme Court for transfer of the cases from the Madras High Court to any other competent Court in any other state in the country. The Supreme Court exercised its jurisdiction under Article 139-A(2) of the Constitution of India and transferred the suits for further proceedings to this Court. The first order of the Court by the learned single Judge has gone in favour of the plaintiffs. Hence, the appeal.

(3.) Learned Single Judge has rightly observed, "for the limited purpose of disposing of these applications, on the basis of the plaint allegations, it is presumed that the impugned allegations are defamatory", and noted that communication of any defamatory publication by some person, other than the person for whom it has been written, to another, is 'publication' and on facts recorded as follows: