Today(on 24th July),The Supreme Court overturned the Delhi High Court’s decision that had nullified the summons to The Wire in a defamation case brought by a JNU professor. Justices MM Sundresh and Aravind Kumar instructed the Magistrate to re-evaluate the summons after a thorough review of the article in question.
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NEW DELHI: Today(on 24th July), the Supreme Court overturned a Delhi High Court decision that had nullified the summons issued to the online news portal, The Wire, in a defamation case initiated by a Jawaharlal Nehru University (JNU) professor. The defamation case stemmed from an article published by The Wire, which alleged that Professor Amita Singh led a group of JNU teachers who compiled a 200-page dossier branding the university a “den of organised sex racket.”
The Supreme Court Bench, consisting of Justices MM Sundresh and Aravind Kumar, directed the Magistrate to reassess the issuance of the summons after thoroughly examining The Wire’s article in question. The Court emphasized the need for the Magistrate to scrutinize the actual publication before deciding on the summons.
“We believe the High Court exceeded its jurisdiction, and we have no reservations about overturning the challenged judgment.”
-the Bench stated.
“We find that both the High Court and the Magistrate have made errors. It is sufficient to note that the Magistrate did not review the actual publication, although the law does not prevent him from doing so before issuing summons.”
– it further ordered.
The Supreme Court granted the Magistrate the freedom to proceed with the case from scratch, disregarding any prior observations made by the High Court. This directive allows the Magistrate to make an independent decision without being influenced by previous judgments.
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Background of the Case
The case traces back to July of the previous year when the Supreme Court sought responses from both The Wire and JNU regarding the criminal defamation proceedings filed by Professor Amita Singh. The Bench had even expressed its doubts about the validity of the defamation claim, remarking that it was difficult to see how the case constituted defamation.
Professor Amita Singh, associated with JNU’s Centre for Law & Governance, challenged the Delhi High Court’s March order that had annulled the summons issued by a magistrate court. Singh’s challenge was based on the assertion that the High Court’s decision was a misstep and needed reconsideration.
The defamation case centers around a contentious report by The Wire that implicated Professor Singh and a group of JNU teachers in compiling a dossier that painted JNU in a negative light, describing it as a “den of organised sex racket.” This report was met with strong opposition from Singh, leading to the filing of the defamation case.
The Supreme Court has directed a fresh consideration in a long-standing defamation case involving Jawaharlal Nehru University (JNU). The case revolves around a controversial dossier titled “Jawaharlal Nehru University: The Den of Secessionism and Terrorism,” which has sparked intense debate and legal battles over the past several years.
The dossier, submitted to the JNU administration, accused certain faculty members of fostering a “decadent culture” by supporting separatist movements in India. Among the accused was a group of JNU teachers led by Singh, who played a prominent role in compiling the dossier. This led to a criminal defamation case being filed by Singh against The Wire, a prominent news portal, and its reporter in 2016.
In February 2017, a magistrate issued summons in the defamation case. However, the proceedings saw little to no progress for seven years. This delay caught the attention of the High Court, which noted the stagnation before staying the trial court proceedings.
Justice Anup Jairam Bhambhani observed that the publication did not claim that Singh was involved in any wrongdoing. Furthermore, it did not refer to the professor in any “derogatory, derisive, or denigrating terms.” These observations led to the quashing of the summons, which in turn prompted Singh to approach the Supreme Court for an appeal.
The Supreme Court, after reviewing the appeal, decided to allow it and instructed the magistrate to re-evaluate the issuance of summons in the defamation case. Senior Advocate Nitya Ramakrishnan represented the news portal, arguing on behalf of The Wire.
