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Business News/ Politics / Policy/  Constitution bench should decide if defamation can be treated as criminal offence: AG
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Constitution bench should decide if defamation can be treated as criminal offence: AG

Several politicians have approached the court challenging the constitutional validity of Sections 499 and 500 of the IPC

The court will hear the case on 14 July, after the centre files its objections and response to the questions raised by the petitioners. Photo: MintPremium
The court will hear the case on 14 July, after the centre files its objections and response to the questions raised by the petitioners. Photo: Mint

New Delhi: A five-judge constitution bench of the apex court should decide whether defamation ought to be treated as a criminal offence, attorney general Mukul Rohatgi told the Supreme Court on Wednesday.

Several politicians, including Bharatiya Janata Party (BJP) leader Subramanian Swamy, Aam Aadmi Party chief and Delhi chief minister Arvind Kejriwal and Congress leader Rahul Gandhi have approached the Supreme Court, challenging the constitutional validity of Sections 499 and 500 of the Indian Penal Code, which define and punish defamation.

Rohatgi told the court that as the issue involves an interpretation of the Constitution, especially Article 19 (which refers to freedoms granted to citizens, including the freedom of speech and expression), it was appropriate that a five-judge constitution bench hear the case.

A two-judge bench headed by Dipak Misra said the issue of reference to a Constitution bench will be dealt with during the hearing on the main issues in the case. Rohatgi also claimed that penal provisions in defamation serve as a deterrent.

The amicus curiae (friend of court) in the case, lawyer T.R. Andhyarujina, said several politicians found themselves being prosecuted for statements made against their rivals, curbing the freedom of expression. The court also noted that while petitioners had told the court that most countries had abolished criminal defamation, the question was whether this fact could have any real impact in the Indian constitutional scenario.

The court first took note of the case on 30 October 2014, when it issued notice in the case filed by Swamy, against whom at least five defamation cases have been filed by Tamil Nadu chief minister J. Jayalalithaa.

As on date, at least 19 petitions have been filed before the apex court by various politicians for defamation.

The court will hear the case on 14 July, after the centre files its objections and response to the questions raised by the petitioners. The apex court has clarified that it does not want adjournments in the case.

The court had said there was a pure question of law to be decided, and is expediting the hearings.

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Published: 09 Jul 2015, 12:15 AM IST
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