'Published In Good Faith' : Supreme Court Quashes Defamation Case Against Newspaper Owner For Report Against Advocate

The Supreme Court recently quashed a criminal defamation case against the owner of a newspaper over an article published against an advocate.

The defamation case was filed against the owner of a daily newspaper named 'Sunday Blast', based in Madhya Pradesh, for a report titled “Advocate ne pan masala vyavasayi par karaya jhuta mamla darj”(advocate files false case against Pan Masala trader) published in 2013.

Although the Judicial Magistrate rejected the complaint, the Sessions Court restored it. The Madhya Pradesh High Court also upheld the restoration of the complaint, following which the accused approached the Supreme Court.

The Supreme Court observed that the Magistrate had rejected the complaint referring to the fundamental right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution.

Agreeing with the view of the Magistrate, the bench comprising Justices BR Gavai and Sandeep Mehta observed :

“We are also of the view that the news article in question was published in good faith and in exercise of the Fundamental Right of Freedom of Speech and Expression enshrined under Article 19(1)(a) of the Constitution of India.”

The Supreme Court observed that the view taken by the Magistrate cannot be termed as "illegal or unjustified" warranting an interference by the Sessions Court or the High Court.

“As a consequence, all proceedings sought to be taken against the accused appellant in pursuance of the complaint filed by the respondent-complainant under Section 500 of the Indian Penal Code, 1860 are also quashed,” the Court ordered.

Case Details: SANJAY UPADHYA VERSUS ANAND DUBEY

Citation : 2024 LiveLaw (SC) 67

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