GLIMPSE OF A VERDICT* *Crl.O.P.(MD) No. 15546/2017 – Balamurugan Vs. State & another* *Hon’ble Justice G. Ilangovan* quashed the FIR registered against a Cartoonist for Defamation on the following points:

*GLIMPSE OF A VERDICT*

*Crl.O.P.(MD) No. 15546/2017 – Balamurugan Vs. State & another*

*Hon’ble Justice G. Ilangovan* quashed the FIR registered against a Cartoonist for Defamation on the following points:

i) In a democratic country, freedom of thought, expression and speech are the foundations upon which democracy survives, without which there can be no democracy and therefore, no evolution of the Human Society. (Para 7)

ii) The Freedom of speech and expression of a cartoonist/caricaturist is also bound by the limitations provided in Article 19(2) of the Constitution of India. (Para 6)

iii) Whether a particular criticism by the cartoonists was well within his bounds has to be decided only in the context of the particular issue. The context is the determining factor. As such, the context of the cartoon does not show any criminality and only ethical question remains. However, the Court cannot teach ethicality and it is for the Society to evolve and follow the ethical standards. (Para 7, 11)

iv) Since no criminality was involved, the criminal proceedings had been quashed. (Para 13).
By young lawyer