High Court of Madras made a statement through the judgment that non-lawyers can submit submissions. That is a person who cannot be enrolled as an advocate can submit the submission on the court.
The Court observed that “
“The entire attempt of the complaint was to forcibly stop the publication of the critical articles and that is the reason why the names of nearly 34 persons have been unnecessarily added as accused persons in the FIR. The learned counsel also submitted that the persons whose name has been shown in the article and based on whose statements, the article was written, has been safely omitted to be shown as accused person. The accused persons have been chosen selectively tostop the publication of articles in “Nakkeran”. lawyers in India
It is clear from the above judgment that with the prior permission of the Court, the Court can permit any person to speak in the Court. In this case, the Court was dealing with a very peculiar case where a publication has been made a subject matter of an offence under Section 124 of IPC, which is unprecedented and which has come up for the first time before a Court. Therefore, the learned Magistrate wanted to get the views of a reputed and senior journalist as to whether there are any such instances in the past. This query was answered by Mr.N.Ram by touching upon the Freedom of press."
The court also added that there was nothing found on the procedural that he has done. The Court also observed that
“The publication at the worst can only cause harm to the reputation of any person and till now, proceedings used to be initiated for defamation and it is the first time in the legal history of India where a publication has been made a cause of action to register an FIR under Section 124 of IPC.”
The court also said that
“Mr.N.Ram, the Chairman of Hindu Publications was standing in the midst of advocates and others who had gathered in the Court at the time of hearing. He did not make any submission on his own. The learned Magistrate himself called upon Mr.N.Ram and invited his opinion as to whether the provision under Section 124 of IPC was applied against any publication in the past. On being called upon to give his opinion as a Senior and renowned Journalist, Mr.N.Ram, expressed his opinion in the Court.”
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