The Hindu : National : Completion of pleadings permitted

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Tuesday, Jul 06, 2004

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National

Completion of pleadings permitted

By Our Legal Correspondent

NEW DELHI, JULY 5. The Supreme Court today permitted the completion of pleadings in the suits initiated by Justice N.S. Veerabhadraiah, sitting Judge of the Karnataka High Court, against the Editor of The Hindu and others claiming Rs. 1 lakh as damages for publishing news reports relating to what is called the `Mysore Judges episode' allegedly defaming him. The court, however, said the trial should not start.

A three-Judge Bench comprising the Chief Justice, R.C. Lahoti, Justice G.P. Mathur and Justice Ashok Mathur, while modifying the interim order of stay on all further proceedings passed earlier, said the pleadings in the suits pending before the city civil court, Bangalore, up to the stage of trial could be completed but the start of the trial was stayed unless and until permitted by the court.

The Bench, after hearing K.K. Mani, counsel for The Hindu Editor N. Ravi, Reporter Satyamurthy and others, also indicated that it would consider later the issue of transferring the suits to a court outside Karnataka.

The Supreme Court had stayed the proceedings in the suits filed by Mr. Justice Veerabhadraiah on transfer petitions filed by Mr. Ravi and others and had issued notice to the judge seeking transfer of the suits to a court outside Karnataka.

When the matter was taken up today after notice, Mr. Mani informed the court that the respondent (Mr. Justice Veerabhadraiah, who entered appearance through his counsel) had no objection for the transfer of the suits.

According to the petitioners, Mr. Justice Veerabhadraiah had filed nine defamation suits against newspapers, including The Hindu , claiming damages on the ground that his name was linked to the Mysore episode without any basis.

They said all the reports had been fair and balanced and none of them could be construed as amounting to scandalising the court and bringing the administration of justice into disrepute or interfering with the administration of justice in any way.

Since the plaintiff before the civil court was a sitting High Court Judge, it would be difficult for the petitioner to defend the case before the city civil court and in the interest of justice, the suit should be transferred to a court in any other State, they said and sought a direction in this regard.

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