The Madras High Court, on Friday, quashed the order impounding the passport of filmmaker-poet Leena Manimekalai and has directed the Regional Passport Officer to release the filmmaker’s passport within one week of time from the receipt of the court’s order.
Justice M Dhandapani was hearing the case.
The impoundment is part of the legal battle that Leena has been fighting against filmmaker Susi Ganesan after she named him as her harasser during the #MeToo movement. Leena has also been slapped with a defamation case by Ganesan.
While Ganesan’s first petition to impound her passport was not entertained by the Saidapet Magistrate Court, Ganesan moved the court yet again and Leena’s passport was impounded early in September, just as she was set to travel to Canada to pursue the last leg of her Master of Fine Arts course at York University.
It is to be noted that in October, the Sessions and District Court of Chennai had set aside the Saidapet Magistrate Court’s order to impound Leena’s passport. However, Ganesan had appealed to quash this order of the Sessions Court. Also, in November, the Madras HC had observed that Leena’s passport could not be impounded on the mere basis of a criminal defamation case being pending against her.
According to Live Law, during the Friday hearing, the Justice asked the Passport Officer and Susi Ganesan’s counsel as to who “empowered” the former to impound the passport due to a pending defamation case. Replying to Susi Ganesan’s concern with regard to delay in trial in the criminal defamation case, the judge said, “I will fix an outer time limit for completion of trial.”
While CGSC (Central Government Standing Counsel) mentioned that the passport impoundment was done based on the report from the Commissioner, it was counter-argued that if steps were taken to impound passport for all defamation cases, then no one will be able to leave the country. Leena’s counsel also emphasized that the filmmaker is going to Canada for studies.
The report further noted that Infant Dinesh who appeared for CGSC said that they came to a decision that the petitioner was “acting contrary” to HC’s directions to cooperate in the defamation case trial.
After hearing all the sides’ arguments, the Justice noted that while a verdict on the defamation cannot be given by him, he said that CGSC’S arguments could not be accepted. Assuring a fair trial for the defamation case, he quashed Leena’s passport impoundment order and ordered the release of her passport within a week.
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Heaving a sigh of relief, Leena on Friday, wrote on Twitter, “Finally my fundamental right to livelihood, to study and to travel is restored. Madras High Court Quashes Order Impounding my Passport Over Pendency Of #metoo Criminal Defamation Case; Orders Release Within One Week.” Thanking her counsel, and people who stood by her side, she added, “I only plea to women not to lose courage and speak out when our dignity is in danger. Only by collective strength we can smash patriarchy. Truth always triumphs.”