The time to decriminalise defamation has come: SC

4 days ago 3
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 SC

NEW DELHI: Agreeing to perceive a plea filed by the organisation 'Foundation for Independent Journalism' seeking to quash the summons issued to it successful a transgression defamation case, Supreme Court connected Monday said clip has travel to decriminalise the defamation law.A seat of Justices M M Sundresh and Satish Chandra Sharma passed the remark portion proceeding the plea of the organisation which runs The Wire newsportal and its governmental affairs exertion Ajoy Ashirwad Mahaprashasta. "I deliberation clip has travel to decriminalise each this..." the seat said.Senior advocator Kapil Sibal, appearing for them, said determination were different petitions pending successful the apex tribunal connected the issue, including the 1 filed by Congress MP Rahul Gandhi. The seat past tagged the petition to the pending ones.The petitioners person challenged a proceedings tribunal bid issuing summons to them successful a defamation lawsuit filed by prof Amita Singh of Jawaharlal Nehru University. This is the 2nd circular of litigation connected the alleged defamatory study published by the portal.'Can't let defamation instrumentality to beryllium utilized for harassment' In 2023, the Delhi HC had quashed the summons issued to them, but SC reversed HC's bid and remanded the substance for caller information earlier the proceedings court, which again issued a summons. The HC besides upheld the summons.

The apex tribunal had successful 2016 examined and upheld the law validity of the transgression defamation instrumentality nether Section 499 of Indian Penal Code but had cautioned proceedings courts to beryllium circumspect and judicious successful issuing summons. The tribunal had said that the defamation instrumentality should not beryllium allowed to beryllium utilized arsenic an instrumentality of oppression oregon needless harassment. Section 356 of the Bharatiya Nyaya Sanhita criminalises defamation.

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