State cannot slap defamation cases for fair criticism: SC

The Supreme Court on Thursday said a state cannot initiate criminal prosecution for defamation against political leaders for fair criticism of the government.

A bench of Justices Dipak Misra and R F Nariman stayed the non-bailable warrants issued against DMDK chief and actor Vijaykanth and his wife Premlata by a Tirupur trial court.

“State cannot use defamation offences as a tool against opponent leaders. Criticism of the government is a base of democracy and fundamental right of freedom of speech and expression of citizens. Slapping criminal prosecution against opponent political leaders for their fair criticism of government gives chilling effects on citizens rights of freedom of speech and expression guaranteed under our Constitution,” the bench said.

“Anyone calling a government corrupt or unfit cannot be slapped with defamation case,” the bench added.

The bench told the counsel representing the Tamil Nadu government that there should not be abuse of defamation provisions.

Defamation cases in TN
The court sought the list of defamation cases filed by public prosecutors in Tamil Nadu on behalf of Chief Minister Jayalalithaa against her critics in two weeks.

The penal provision on defamation (Sections 499 and 500 of the IPC) should not be used to throttle dissent, the bench said, adding that the court must step in if there are continuous efforts to harass people by filing a number of defamation cases. A Tirupur trial court had on Wednesday issued a non-bailable warrant against Vijayakanth and his wife, after they failed to appear before the court with regard to the defamation case against them.