Supreme Court Quashes Criminal Defamation Case Over Times Of India Article, Advises Media To Exercise Caution Before Publishing Content

The Supreme Court today(February 18) quashed a 2014 criminal defamation case against Jaideep Bose, the Editorial Director of Bennett Coleman and Co Ltd, which publishes the newspaper Times of India. The Court also quashed the proceedings against co-accused Nergish Sunavala, Swati Deshpande and Neelam Raj, who were working as correspondents/editors at the Times of India then.

The Supreme Court set aside an order of the Karnataka High Court and the order of the Magistrate summoning the accused in the defamation case initiated by M/s Bid And Hammer Auctioneers Private Limited over an article published in the newspaper, which allegedly implied that counterfeit artworks were being put up for auction.

By an order dated June 18, 2024, Justice N S Sanjay Gowda of the High Court refused to quash the proceedings initiated under Sections 499 and 500 of the Indian Penal Code.

This was challenged before the Supreme Court, which observed that the complaint lacked specific allegations, especially against the Editorial Director. Broad, general or blanket statement without specific or substantive details cannot justify the issuance of summons against the Editorial Director, the Court observed. Also, the Magistrate did not undertake the mandatory enquiry as per Section 202(1) CrPC before issuing the summons.

Against other accused persons as well, specific allegations were lacking.

Quashing the proceedings, the bench of Justices J.B. Pardiwala and R. Mahadevan observed:

"The complainant failed to produce any witness to prima facie establish that the alleged imputation has lowered their reputation in the estimation of others. In the present case, the auction was conducted on 27-6-14 and the Magistrate after merely reviewing the complainant's statement proceeded to issue summons. Thus, the Magistrate's order clearly suffers from procedural irregularities...No material has been placed before us to suggest that the auction was unsuccessful or that any damage or loss was actually caused due to the alleged news articles published in the newspapers...examination of witnesses before issuance of summons would serve no useful purpose given remote likelihood of securing witnesses. It only prolonged the litigation, yielding little to no benefit especially since the auction has already concluded and more than a decade has passed...We are now inclined to quash the order passed by the High Court as well as issuance of summons by the Magistrate. Consequently, the criminal proceedings initiated against Appellants are also liable to be quashed."

The order authored by Justice Mahadevan added:

"Before parting, we find it necessary to emphasise that right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution is paramount. At the same time, it is reiterated that those working in media, particularly in key positions must exercise utmost precaution and responsibility before publishing any statement, news or opinion. The power of media in shaping public opinion is significant and the press possesses the ability to influence public sentiments and alter perceptions at a remarkable speed."

"As aptly stated by Bulwer Lytton, “The Pen is mightier than the sword”. Given its vast reach, a single article or report can resonate with millions, shaping their beliefs and judgments, and it has the capability to cause severe damage to the reputation of those concerned, with consequences that may be far-reaching and enduring. This highlights the critical need for accuracy and fairness in media reporting, especially when dealing with matters having the potential to impact the integrity of individuals or institutions. Keeping these aspects in mind, publication of the news articles must be done in public interest and with good faith."

Case Details: JAIDEEP BOSE vs M/S BID AND HAMMER AUCTIONEERS PRIVATE LIMITED|SLP(Crl) No. 10212/2024 and connected cases

Citation : 2025 LiveLaw (SC) 222

Click here to read the judgment