Case Summary: A. Vijaykanth vs Public Prosecuter, Dharmapuri Distt. & Ors.
Author : Neha Singh
Citation: 2016 SC 708
Bench: Justice Dipak Mishra and Justice C. Nagappan
INTRODUCTION
In this case the court upheld the constitutional validity of the criminal defamation provisions in the Indian Penal Code, citing the Subramanian Swamy vs Union of India case and stress on the idea of fair criticism, dissent and tolerance as predicated fundamentals of the democracy. The court viewed the difference of opinions with administration should not amount to defamation and held that a complaint cannot be filed in a routine manner to harass a citizen.
FACTS
This appeal raised after the petitioner failed to appear at the trial court. The petitioner was a politician of the opposition party of the state of Tamil Nadu and alleges the then chief minister Jayalalithaa of the state, heading a corrupt government and that the floods in 2015 in Chennai were caused artificially in one of his speeches. This led to 14 defamation cases against him and non-bailable warrants were issued against him and his wife.
ISSUES
- Whether the authorities who is entitled to launch prosecution under section 499 &500 of IPC through the public prosecutor should do it against a person solely because he is critical or has different opinion than them?
JUDGEMENT
The order elucidated that criminal defamation laws should not be used to silent political dissent and criticism.
