Nakkheeran case: SC stays Madras HC proceedings against Tamil magazine

Sources: thehindu.com

Bench agrees to examine TN government’s plea against the stay order of the Madras High Court, and issues notice to the magazine and its editor R. Gopal seeking their response.

The Supreme Court on Friday stayed further proceedings in the Madras High Court related to a plea by Tamil magazine Nakkheeran and its editor challenging a case against them for publishing articles allegedly denigrating Tamil Nadu Governor Banwarilal Purohit.

Also read: The Hindu editorial on the arrest of ‘Nakkheeran’ Gopal

The Tamil Nadu government told the apex court that the High Court erred by staying the trial court proceedings in the case on the plea by the magazine and the editor.

A Bench, headed by Justices S.A. Nazeer and R. Subhash Reddy, agreed to examine the State government’s plea against the stay order of the Madras High Court, and issued notice to the magazine and its editor R. Gopal seeking their response.

Governor was subjected to scurrilous attacks: AG

Attorney General K.K. Venugopal, appearing for the Tamil Nadu government, said that the Governor was subjected to scurrilous attacks by the reports published in the magazine.

He said that the High Court erred in saying that offence under section 124 of the Indian Penal Code (IPC) was not made out.ALSO READMadras High Court upholds order refusing to remand ‘Nakheeran’ Gopal

Section 124 of the Indian Penal Code (IPC) relates to “assaulting President, Governor etc with intent to compel or restrain the exercise of any lawful power.”

Mr. Venugopal said that section 505 of IPC (statements conducing to public mischief) also applies in the case and for this prosecution sanction has been granted by the competent authority.

To this, the Bench said that the matter was still pending before the High Court which has observed that it was the first case of its kind since independence.

The AG sought a stay on further proceedings in the High Court and said that several articles were published with regard to the sex scandal.

The Bench then said that it was staying the proceedings before the High Court and asked the magazine and its editor to file their replies.

Story so far

On June 4, the High Court had granted interim relief to Nakkheeran magazine and it editor R. Gopal by staying proceedings against him in the case in a lower court.

Mr. Gopal was arrested on October 9 last year under Section 124 of the IPC, triggering a controversy. However, he had walked free within hours after a local court had rejected the police’s plea for his remand and released him on a personal bond.

The case was filed on a complaint from the Raj Bhavan over the publication of a series of articles in Nakkheeran related to a woman assistant professor of a private college who allegedly asked girl students to extend sexual favours to university officials in return for marks and money.

The scandal had come to light in April last year after an audio tape of a purported conversation between Nirmala Devi and some students surfaced.

Governor Purohit had rejected the professor’s purported claim in the audio about knowing him and having access to him. He insisted he did not know her.

Mr. Gopal approached the High Court seeking quashing of the case.

The High Court had observed that it was the first case after the country’s independence wherein the Court has been called upon to consider whether a publication by itself will have the effect of overawing a Governor so as to prevent him from exercising his lawful powers and duties.

The arrest of the editor under Section 124 of the IPC had drawn condemnation from opposition parties led by the DMK.