Prima Facie Derogatory: Madras High Court Restrains Savukku Shankar From Making Allegations Linking IPS Officer To Sivaganga Custodial Death

Justice K Kumaresh Babu observed that the statements made by Shankar were prima facie derogatory and defamatory, which would affect the reputation of the officer. Thus, considering the restrictions on the right to freedom of speech, the court was inclined to restrain Shankar temporarily from making the allegations.

“...a reading of the statements made against the applicant would prima facie conclude that they have been making statements in derogatory and defamatory manner, which would affect the reputation of the applicant who is holding High Office. Article 19(2) of Constitution of India carves out a restriction to the Article 19(1)(a), which would protect the citizen from being defamed,” the court said.

Davidson had been entrusted with investigation of the case. He approached the court to restrain Shankar from publishing defamatory content, implicating him in the case.

Senior Advocate Aravind Pandian, appearing for Davidson, submitted that Shankar had been making reckless statements against Davidson, who was a respectable Police Officer. It was submitted that whatever actions were taken by Davidson were in his official capacity and in furtherance of duties enshrined in the official capacity.

Pandian also submitted that such reckless statements would cause great prejudice to Davidson, creating doubts in the minds of people, and could even impact the performance of his official duties.

Looking into the statements made by Shankar, the court also opined that it was prima facie derogatory and defamatory. Thus, the court ordered an interim injunction for a period of 4 weeks.

Counsel for the Applicant: Mr. Aravind Pandian Sr., counsel for Mr. Karthikeyan Anbazhagan in both appln

Case Title: Davidson Devasirvatham v A Shankar @ Savukku Shankar

Citation: 2025 LiveLaw (Mad) 263

Case No: OA sr 120899 of 2025