The Madurai Bench of the Madras High Court has set aside the summons issued to Naam Tamilar Katchi Chief Coordinator and actor Seeman in a defamation case filed by senior IPS officer Varun Kumar, ruling that the Magistrate in Tiruchirappalli violated mandatory procedures under the Bharatiya Nagarik Suraksha Sanhita.
Justice L Victoria Gowri held that the Magistrate had issued the summons even before giving Seeman the required pre-cognisance hearing, observing that the court had "inverted the statutory design, putting the cart before the horse."
The High Court did not dismiss the complaint itself. Instead, it allowed the Deputy Inspector General of Police (DIG) to refile the case after following the complete statutory sequence under the BNSS, including giving the accused a meaningful opportunity to respond.
For Seeman, this is an immediate procedural relief, as the order nullifies the summons. The court noted that the matter raises "foundational questions... the limits of criminal law to police political speech," a line seen as strengthening Seeman's defence that his remarks were political in nature.
For DIG Varun Kumar, the ruling is a setback but not a closure of his case. The court has left open the option of reinstating the complaint if filed correctly. It also stressed the need for rigorous scrutiny when serving police officers initiate criminal action against opposition political figures.
The dispute stems from Seeman's comments on July 11, 2024, after the arrest of NTK functionary "Sattai" Durai Murugan, when he allegedly described the officer as "casteist by birth," remarks the IPS officer said damaged his personal reputation.
The Magistrate had recorded evidence and issued summons, prompting Seeman to challenge the process as unlawful under the new criminal procedure law.
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