Indian Kanoon - Search engine for Indian Law

9. Heard Mr. Janardan Singh, learned counsel representing the petitioners, Mr. Manoj Kumar Dwivedi, learned counsel representing respondent no. 2 as well as learned Additional Government Advocate representing respondent no. 1-State, and perused the petitions, including the Annexures attached therewith.

10. The right of freedom of speech and expression is a highly valued and cherished right guaranteed under Article 19(1)(a) of the Constitution. The Constitution, however, conceives reasonable restrictions on exercise of right of speech and freedom. The Supreme Court in Subramanian Swamy Vs. Union of India, (2016) 7 SCC 221 has upheld Sections 499 and 500 IPC, and it has been held the criminal defamation, as an offence defined under the provisions of the I.P.C., is not a restriction on free speech nor it can be categorized as disproportionate. The right of free speech in a society/country governed by democracy is its foundation. However, this right has limitations. To maintain balance, between the societal interest and interest of the people, the State has legitimate interest to regulate the freedom of speech and expression so that the speech or expression should not be defamatory and harm the reputation of people. The freedom of speech and expression should be exercised in the manner that it should not undermine the dignity of a person and his reputation.

13. Freedom of speech and expression in a country governed by rule of law and written Constitution is paramount importance to give vibrancy to the democracy. The Supreme Court in Subramanian Swamy Vs. Union of India (supra) in paragraphs 98 to 120 has dealt with the significance of freedom of speech and expression in a constitutional democracy and also taken note of the judgments of the Supreme Court and the foreign judgments on this point. The freedom of speech and expression has been elevated by the Supreme Court, regard being made to the democratic and constitutional goals as enshrined in the Constitution. It is prime duty of the press to expose the Government and its functionaries, if they indulge in mis-governance or acts against the law and constitutional principles. If the press finds itself being cycled by the threat of prosecution, it cannot perform its duty, and it will have a chilling effect on the very right of free speech and freedom as guaranteed under Article 19(1)(a) of the Constitution. In paragraph-166, while upholding the validity of the provisions of Section 499 and 500 IPC, the Supreme Court in Subramanian Swamy Vs. Union of India (supra) has held as under:-

15. The Supreme Court in paragraph-208 of Subramanian Swamy Vs. Union of India (supra) has held as under:-

"208. We have referred to these authorities to highlight that in matters of criminal defamation the heavy burden is on the Magistracy to scrutinise the complaint from all aspects. The Magistrate has also to keep in view the language employed in Section 202 CrPC which stipulates about the residence of the accused at a place beyond the area in which the Magistrate exercises his jurisdiction. He must be satisfied that ingredients of Section 499 CrPC are satisfied. Application of mind in the case of complaint is imperative."