Chennai, Jul 9: DMDK founder leader Vijayakant yesterday challenged the power of the Public Prosecutor to file a defamation case against him with respect to the present one filed against him by the government.
The first bench, comprising Justices V Dhanapalan and C T Selvam, before whom the petition filed by the leader of the opposition came up, impleaded the Law Ministry as a respondent and sought exemption of Vijayakant's personal appearance before the Principal District Court, Tiruppur, with regard to the defamation case filed against him.
In his petition, Vijayakant sought declaration of the provisions of Section 199(2) and (4) of Code of Criminal Procedure as illegal and unconstitutional.
He contended the power of sanction provided under Section 199(2) is ultra vires of Articles 14 and 19 of the constitution.
The above power should be restrained enabling only the President and the Governor of a state to invoke it and not others, he said.
The case pertains to a speech allegedly made by Vijayakant at a public meeting in May 12 this year at Tirupur, criticising the policies of the state government, against which sanction was given to the PP to file a defamation case against him.
