Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | defamation Deputy Chief Minister |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973: ss. 199(2), 199(4) & 199(6) – Prosecution for defamation – Complaint u/s. 200 CrP.C. filed by respondent-Deputy Chief Minister of Delhi against six individuals alleging commission of the offences u/s. 499 and 500 r/w. ss. 34 and 35 IPC – Allegation that the accused no.1-appellant held a press conference making false and defamatory statements as though the respondent was involved in corruption to the tune of Rs. 2000 crores, in the matter of award of contracts for building classrooms in Delhi Government Schools; that accused no. 2 to 4 shared platform with the accused no.1 during the press conference; and that accused no.5 and 6 tweeted defamatory contents against the respondent – Issuance of summons by ACMM to all accused holding that there exists sufficient grounds to proceed against the accused 1 to 4 u/s. 500/34 IPC and against 5 and 6 u/ s. 500 IPC – Challenged to, by accused no.1 and 5 by filing petition u/s. 482 – Dismissed by the High Court – On appeal, held:Plea raised by both the accused that the court ought not to have entertained a private complaint u/s. 200 CrPC especially from a person covered by s. 199(2) without following the procedure prescribed in sub-section (4) of Section 199 is rejected – A person falling under the category of persons mentioned in sub section (2) of s. 199 can either take the route specified in sub-section (4) or (6) of s. 199 – Sub-section (6) does not contain any conditions subject to which the right thereunder can be exercised – Special procedure was in addition to and not in derogation of the right that a public servant always had as an individual – He never lost his right merely because he became a public servant and merely because the allegations related to official discharge of his duties – Furthermore, whenever a person is prosecuted by a public servant in his individual capacity before a Magistrate by virtue of s.199(6), the accused can always fall back upon s. 250, for claiming compensation on the ground that the accusation was made without reasonable cause – s. 237 cannot be used as a crutch to support the argument revolving around ss. 199(2) and 199(4) – As regards, accused no. 5, the statement contained in tweets made by him cannot be said to be defamatory within the meaning of s. 499 – Defamatory statement should be specific and not very vague and general – Essential ingredient of s. 499 is that the imputation made by the accused should have the potential to harm the reputation of the person against whom the imputation is made – Statements contained in his tweets cannot be said to be defamatory, thus, order of summoning passed by the ACMM insofar as A5, is set aside – ss. 237 and 250 – Penal Code, 1860 – ss. 499, 500 and 35. ss. 199(2), 199(4) and 199(6) – Legislative history – Discussed. |
Judge | Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2022 INSC 1104 |
Petitioner | Manoj Kumar Tiwari |
Respondent | Manish Sisodia & Ors |
SCR | [2022] 19 S.C.R. 820 |
Judgement Date | 2022-10-17 |
Case Number | 1791 |
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