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6. Mr. I.Subramanian, learned senior counsel, appearing for the petitioner in W.P. No.28277/14, leading the arguments, submitted that the complaint preferred on the basis of the impugned Government Orders are, per se, not maintainable, as no defamation, as contemplated u/s 499 IPC is made out for it to be punished u/s 500 and 501 IPC. Learned senior counsel submitted that the whole episode, which has culminated in the present complaints, are on the eve of the political campaigns, which was covered by the print and visual media and whatever was addressed, the essence of the said speech were carried out by the print media herein and, therefore, this could in no way be termed as a defamatory article, aimed at tarnishing the image of the public authority. http://www.judis.nic.in ___________________ W.P. Nos.25562-25563-28277/2014

7. It is the further submission of the learned senior counsel that it is the act of the individual in her personal capacity, which was highlighted in the said speech and not the office of the Chief Minister and, therefore, taking cognizance for prosecution for defamation is unsustainable. In this regard, learned senior counsel laid emphasis on Section 199 (2) Cr.P.C., to drive home the point that the defamation in the conduct of discharge of public function should be made out for an offence to stand attracted u/s 499 IPC. It is the submission of the learned senior counsel that even a bare perusal of the Government Orders categorically reveal that what was spoken to and which was subsequently carried on in print by the petitioners were not in relation to the discharge of a public function, but only in the individual capacity of the person and, therefore, invoking the provision u/s 199 (2) Cr.P.C. is unsustainable and, therefore, the impugned Government Orders and the pursuant prosecution before the Principal Sessions Judge are liable to be quashed.

5. Section 499 IPC reads as follows:
"Defamation- Whoever, by words either spoken or intended to be read or by signs or by visible representations, makes or published any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. Explanation 1: It may amount to defamation to impute anything to a deceased person, if the imputation would harm http://www.judis.nic.in ___________________ W.P. Nos.25562-25563-28277/2014 the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2: It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

19. Chapter XXI IPC deals with 'Defamation' and takes within its fold Sections 499, 500, 501 and 502 IPC. Section 499 IPC deals with 'Defamation', while Sections 500 and 501 IPC provides for punishment for defamation. To attract the punishment contemplated u/s 500 and 501 IPC, defamation u/s 499 IPC should be made out. For better clarity, Section 499 IPC is quoted hereunder :-