In a recent groundbreaking decision, the Supreme Court has dismissed a criminal defamation case against the proprietor of a newspaper regarding an article that scrutinized an advocate.
The legal dispute unfolded against the backdrop of ‘Sunday Blast,’ a daily newspaper based in Madhya Pradesh. The contentious article, titled “Advocate ne pan masala vyavasayi par karaya jhuta mamla darj” (Advocate files false case against Pan Masala trader), was published in 2013, leading to the filing of the defamation case.
Initially rejected by the Judicial Magistrate, the complaint found resurgence when the Sessions Court reinstated it. Subsequently, the Madhya Pradesh High Court upheld the revival of the complaint, prompting the accused to appeal to the Supreme Court.
In its judgment, the Supreme Court acknowledged the Magistrate’s stance, which had cited the fundamental right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution.
Concurring with the Magistrate’s perspective, the bench, consisting of Justices BR Gavai and Sandeep Mehta, articulated, “We are also of the view that the news article in question was published in good faith and in exercise of the Fundamental Right of Freedom of Speech and Expression enshrined under Article 19(1)(a) of the Constitution of India.”
The Supreme Court further emphasized that the Magistrate’s decision was not “illegal or unjustified,” precluding any intervention by the Sessions Court or the High Court.
Consequently, the Court issued a decisive order: “As a consequence, all proceedings sought to be taken against the accused appellant in pursuance of the complaint filed by the respondent-complainant under Section 500 of the Indian Penal Code, 1860 are also quashed.”
