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SC notice to Jayalalithaa on Veerasamy's plea

By Our Legal Correspondent

NEW DELHI Aug. 5. The Supreme Court today issued notice to the Tamil Nadu Chief Minister, Jayalalithaa, on a special leave petition filed by the former DMK Minister, Arcot Veerasamy, against a Madras High Court judgment permitting Ms. Jayalalithaa to prosecute a private defamation complaint against him through her power of attorney.

A Bench comprising Justice G.B. Pattanaik and Justice Ruma Pal on a special leave petition from the former Minister seeking to set aside the High Court judgment and an interim stay of its operation.

In his SLP, Mr. Veerasamy submitted that Ms. Jayalalithaa filed a private defamation complaint (relating to a statement issued by Mr. Veerasamy on the alleged attack on the house of the former Chief Secretary, T.V. Venkataraman) against him through her power of attorney, V.S. Sethuraman, and it was taken on file by the Chief Metropolitan Magistrate, Egmore, in Chennai.

He submitted that the magistrate in April 1997 granted permission to Mr. Sethuraman to prosecute the complaint. His objection that a power of attorney could not be allowed to proceed with the case was rejected by the magistrate and on revision, the High Court in June this year dismissed his plea. The SLP was directed against this judgment.

Mr. Veerasamy contended that the SLP raised an important question of law whether a third party having a general power of attorney could put criminal law into motion on behalf of an aggrieved person.

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