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New Delhi: The Supreme Court on Friday dismissed the petitions by BJP leader Subramanian Swamy, Congress vice president Rahul Gandhi and Delhi Chief Minister Arvind Kejriwal challenging the constitutional validity of Sections 499 and 500 of the Indian Penal Code (IPC) providing for criminal defamation.
The petitioners had argued that the criminal defamation under these sections of the IPC travelled beyond constitution’s article 19(2) that imposes reasonable restriction on the freedom of speech and expression.
While pronouncing the verdict, the Supreme Court said that a balance has to be struck between freedom of speech and reputation of those who have been defamed. “Mutual respect to each other is required to maintain the constitutional value that ensures the dignity of any individual”, the top court observed.
The central government had opposed the petitions saying that there would be ”anarchy” in the society in the absence of these laws.
The verdict was reserved on August 13 last year after bench of Justice Dipak Misra and Justice Prafulla C. Pant heard the matter spread over a month.
Swamy and Gandhi have been charged with criminal defamation under Sections 499 and 500 of the IPC for their political speeches made in Tamil Nadu and Maharashtra respectively, while Kejriwal is facing cases under the same provisions lodged by BJP’s Nitin Gadkari and others.
