By Our Legal Correspondent
New Delhi: The Honorable Supreme Court on Sept 30 said the threshold to curb freedom of speeches made in the political discourse is high while staying criminal defamation proceedings instituted against Delhi Chief Minister Atishi and Am Aadami party leader and former
Delhi Chief minister Arvind Kejriwal by an authorized representative of the BJP for their alleged remarks in the run up to the 2024 Lok Sabha election.
“In our country, the freedom of speech is a fundamental right under Article 19(1)(a) of the Constitution and the threshold to curb free speech and expression in the political discourse under Section 499 of the Indian penal Code (criminal defamation) is high”, a Bench of Justices Hrishikesh roy and S V N Bhatti observed.
The court was hearing whether political parties and persons enjoy a high threshold for criminal defamation.
The Bench referred to the supreme Court judgment in S Khushboo versus Kannimmal , reported n 2010, which said “the threshold for raising reasonable restrictions in the freedom of speech and expression is indeed a very high one and there shall be a presumption in favor of the accused in such cases”.
The court also highlighted the arguments by senior advocate A M Singvi, appearing for Ms Atishi and Mr Kejriwal , that on a person aggrieved by the remarks could prosecute for defamation, according to Section 199 of the Code of Criminal Procedure.
The court asked whether the complainant, Rajiv Babbar , as an “authorized representative of the BJP, was an aggrieved person under the definition of Section 199.
Mr Singhvi asked how the AAP leader’s comments had in any way harmed or lowered the credibility or reputation of Mr Babber.
The senior lawyer argued that unless the harm or aggrievement of Mr Babber was demonstrable, the summoning of the accused on the charge of defamation was quite unwarranted.
“The BJP, neither Central nor Delhi, has not filed any complaint. Babbar is not the person I have allegedly defamed” he submitted.
