The Supreme Court of India had passed a pivotal verdict upholding the validity of criminal defamation in 2016 — paving the way for several key judgements over the past decade. Nearly 10 years later, the apex court appeared to have a change of heart with Justice MM Sundresh suggesting it might be time to “decriminalise all this” on Monday.
‘Time to decriminalise all this’
The remarks came while a two-judge bench was hearing a plea challenging summons issued by a Magistrate court to the Foundation for Independent Journalism. The criminal defamation case pertains to an online article written by The Wire in 2016 about Jawaharlal Nehru University. The complaint was filed by a former JNU professor who alleged that the article had ‘damaged her reputation’.
“I think time has come to decriminalise all this… How long will you go on dragging these cases?” Justice Sundresh asked while agreeing to issue notice on the matter.
A Delhi High Court order had quashed the first summons issued by the Magistrate court in the case. It was later revered by a Supreme Court Bench presided by Justice Sundresh in July 2024. The summons issued under this second round have now come under SC scrutiny.
What is the case?
The case was first registered after The Wire published an article nearly 10 years ago titled: “Dossier Call JNU ‘Den of Organised Sex Racket’; Students, Professors Allege Hate Campaign“. A defamation case case was subsequently filed by former JNU professor Amita Singh against FIJ (which runs the news portal) and journalist Ajoy Ashirwad Mahaprastha. She argued that the write up suggested that she prepared the alleged dossier — thereby damaging her reputation. The complaint also alleges that the publication did not verify the authenticity of the dossier and used it for monetary gains.