Madras High Court orders commencement of trial
Justice C.V. Karthikeyan also appointed an advocate commissioner to record the evidence of Mr. Dhoni on mutually convenient premises, to all the parties involved and their counsel, in Chennai. The advocate commissioner was appointed as Mr. Dhoni's personal appearance at the High Court, for the examination in chief as well as cross-examination by the defendants, might lead to chaos due to him being a celebrity.
The orders were passed after senior counsel P.R. Raman submitted an affidavit sworn by Mr. Dhoni expressing his intent to proceed with the trial in the defamation suit pending since 2014. The cricketer said that he would be available for examination as well as cross-examination between October 20, 2025, and December 10, 2025, and that the venue and specific dates could be fixed on the basis of mutual convenience.
'The above request is made with the intent to avoid any undue delay (in disposal of the suit pending in the High Court for over a decade) and to support the fair, just, and speedy adjudication of the suit. I state that I shall extend my full co-operation with the Advocate Commissioner and comply with all directions issued by this honourable court regarding the trial and the recording of evidence,' the affidavit read.
When Mr. Raman, assisted by advocate Sandesh Saravanan, requested the court to consider appointing a retired district judge as an advocate commissioner for recording evidence, Justice Karthikeyan said that he would pick a name from a list maintained by the High Court. He also stated that the defamation suit would be listed for hearing before the court after the completion of recording of evidence in full.
The trial in the suit had got delayed for over 10 years because of multiple applications taken out by the parties seeking one relief or another. In December 2023, a Division Bench of Justices S.S. Sundar (since retired) and Sunder Mohan had convicted the retired IPS officer of criminal contempt of court and sentenced him to 15 days of simple imprisonment. However, the Supreme Court stayed the punishment in 2024.
Mr. Dhoni had filed the contempt plea against the retired IPS officer for having made contumacious remarks against the Supreme Court as well as the High Court while defending the defamation suit. In July 2022, the then Advocate General R. Shunmugasundaram had granted permission to the cricketer to proceed with the contempt plea, after being satisfied that the remarks made by Mr. Kumar, in his written statement to the suit, amounted to scandalising court proceedings.
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