The Supreme Court on Thursday stayed proceedings in five criminal defamation cases lodged against BJP leader Subramanian Swamy by AIADMK supremo J Jayalalithaa and proceeded to examine his plea to do away with criminal defamation law that is often misused by people in power to muzzle citizen’s right to criticise them and their actions.
A bench of Justices Dipak Misra and UU lalit issued notice to Centre and States to respond to Swamy’s petition in six weeks. Meanwhile, Swamy got reprieve as the Court stayed all defamation proceedings initiated by Jayalalithaa in a Chennai court where he apprehended arrest.
Criminal defamation under the Indian Penal Code Sections 499 and 500 is punishable with two years imprisonment. Swamy, who claims to have a successful track record of successfully fighting defamation cases foisted on him by popular and powerful leaders in the past, claimed that the provision was abused by people in power to browbeat critics, prosecuting them for defamation at the cost of public exchequer.
The bench framed seven constitutional questions arising for its consideration from the petition, the chief among them being to ascertain whether the IPC provision of defamation impacted a citizen’s right to free speech under Article 19(1)(a) and travelled beyond the restriction that could be imposed under Article 19(2).
Swamy pointed out that on two earlier occasions, the Court dealt with the issue but left it for a future occasion to decide. The bench said, “In a democratic body polity, public opinion, public perception and public criticism are the three fundamental pillars to guide and control the executive action and if they are scuttled or fettered or bound by launching criminal prosecution, it would affect the growth of a healthy and mature democracy.”