Today, On 5th December, the Supreme Court quashed criminal defamation proceedings against Union Minister L. Murugan, overruling a Madras High Court decision. The case originated from comments made in December 2020 regarding the Murasoli Trust. The court emphasized the need for resilience in political discourse and acknowledged Murugan’s lack of intent to defame.
Defamation in Indian law, defined under Section 499 of the IPC, involves harming an individual’s reputation through false statements. It includes criminal and civil aspects, with penalties for offenders. Recent judicial interpretations, including the controversial Subramanian Swamy case, highlight tensions between protecting reputation and maintaining free speech rights, necessitating careful legal consideration.
Today(23rd Sept), The Delhi High Court dismissed a plea from former Chief Minister Arvind Kejriwal, current Delhi CM Atishi, and other AAP leaders to withdraw a defamation case stemming from 2018 allegations that the BJP conspired to remove nearly 3 million voters. BJP leader Rajiv Babbar filed the case, asserting that AAP’s claims were false and damaging.
Bollywood star Salman Khan issued a legal notice to ANI and the lawyers of Vicky Gupta and Sagar Pal, seeking an apology for defamatory claims linking him to gangster Dawood Ibrahim. The notice argues that allegations made by lawyer Amit Mishra are baseless and intended to harm Khan’s reputation.
The Delhi High Court today rejected Shashi Tharoor’s request to dismiss a criminal defamation case for comparing PM Modi to a scorpion. The court also lifted the interim order, directing the parties to appear before the trial court on September 10. Tharoor’s legal team argued that he was simply quoting someone else and that the complaint was baseless and frivolous.
On Friday(26th July), A Delhi court has summoned ABP News and its top officials in a criminal defamation case filed by Senior Advocate Pradeep Rai, alleging a defamatory article linked him to conman Sanjay Rai Sherpuria. The court acknowledged the defamation claim and ordered summons to be issued within 15 days for the accused. The case awaits further proceedings.
Today, On 24th May, Medha Patkar convicted in a defamation case filed by VK Saxena for making defamatory statements. The ruling holds legal implications, as she faces up to two years in jail or a fine. This marks a significant development in their long-standing legal dispute. Additionally, Patkar faces charges of fraud in a separate case.
Today, 26th April, The Supreme Court instructed the Gujarat High Court Registry to provide a response regarding the promotion of judicial officers to Additional District Judges. This directive follows a legal petition seeking clarity and transparency in the promotion process. The case highlights the importance of procedural fairness and adherence to legal guidelines in judicial appointments. The Supreme Court’s involvement highlights its role in upholding the integrity of the judiciary.
The Jharkhand High Court intervened in the defamation case against Rahul Gandhi, staying the arrest warrant issued after his remarks about Union Home Minister Amit Shah. The warrant, issued for Gandhi’s failure to appear in court, was suspended for a month by the High Court, instructing him to engage in court proceedings. The case continues.
The 22nd Law Commission of India’s 285th report, ‘The Law of Criminal Defamation,’ emphasizes the delicate balance between freedom of expression and the right to reputation, advocating for the retention of criminal defamation within India’s legal framework. The comprehensive analysis, led by Chairperson Ritu Raj Awasthi and a distinguished panel, proposes a legal mechanism that safeguards both individual reputations and the right to free speech.
