Time to decriminalize defamation: Supreme Court in defamation case against The Wire

The Supreme Court on Monday remarked that the time has come to decriminalize the offence of defamation.

The Bench of Justice MM Sundresh and Justice Satish Chandra Sharma made the remark while hearing a petition challenging the summons issued to online news portal The Wire in connection with a defamation case filed by professor Amita Singh of Jawaharlal Nehru University (JNU).

The Court issued notice to Singh on a plea moved by the Foundation for Independent Journalism, which runs The Wire.

"I think time has come to decriminalize all this…," Justice Sundresh remarked.

Senior Advocate Kapil Sibal, appearing for the news portal, agreed with the Court's observation.

Section 356 of the Bharatiya Nyaya Sanhita criminalises defamation. Section 356 replaced the earlier provision on criminal defamation - Section 499 of Indian Penal Code (IPC).

India is one of the few democratic countries where defamation is a criminal offence. Most jurisdictions only provide for civil remedy against defamation.

The Supreme Court had in 2016 upheld the validity of Section 499 of IPC after various politicians including Subramanian Swamy, Rahul Gandhi and Arvind Kejriwal challenged the Constitutionality of the provision.

The present defamation case is connected to the The Wire's news report which stated that Professor Amita Singh was at the helm of a group of JNU teachers who had compiled a 200-page dossier terming JNU a "den of organised sex racket"

According to the news report in question, the dossier was titled ‘Jawaharlal Nehru University: The Den of Secessionism and Terrorism'.

The article stated that the dossier was submitted to the JNU administration, where some JNU teachers were accused of encouraging a decadent culture in JNU by legitimising separatist movements in India.

As per The Wire article, Singh was at the helm of the group of teachers who compiled the dossier.

A criminal defamation case was subsequently filed by Singh against The Wire and its reporter in 2016.

A magistrate had issued summons to the portal in the case in February 2017. The top court last year set aside the summons and asked the Magistrate to take a fresh call on the issuance of summons after examining the news article.

In January this year, the magistrate again issued summons to news portal and its political affairs editor Ajoy Ashirwad Mahaprashasta. The Delhi High Court upheld the same on May 7, leading to the present challenge before the apex court.

Today, the Court at the outset questioned the prolonged pendency of the case.

"How long will you go on dragging this?" it remarked.

Sibal the said,

"Similar matter is being considered. Rahul Gandhi’s case."

The Court then issued notice in the matter.