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15. The Complainant has placed reliance on the Apex Court case of Subramanian Swamy vs. Union of India, (2016) 7 SCC 221 wherein it was held that the onus of proving truth of imputation and publication of imputation for public goods, is on the accused.

16. Reliance was also placed on Sewakaram Sobhani vs. R.K. Karanjia, 1981 (3) SCC 208 wherein the three-judge bench of the Apex Court held that the journalists are in no better position than any other person.

38. Further, the debate in the Broadcast was conductedon the incident of crime, in good faith and without any intention to harm or defame the Respondent No. 2 or any other person.

39. The Complaint has been filed as a counter-blast to the fact that the media had highlighted the role played by the Respondent No.2 and other persons involved in the incidents which took place at Patiala House Court on 15.02.2016 and 17.02.2016.Reliance has also been placed on Subramanian Swamy, (supra) wherein the Apex Court cautioned regarding mechanical issuance of process by the Magistrate in cases of defamation.

92. In Subramanian Swamy, (supra) the Apex Court while upholding the constitutionality of the offence of Criminal defamation under Section 499 IPC observed that right to reputation is an inherent aspect of Article 21 and one's right must be exercised so as not to come in direct conflict with the right of another citizen.

93. The Apex Court in the case of Sanjay Upadhya vs. Anand Dubey, 2024 INSC 66 decided on 29.01.2024, while dealing with defamation under Section 500 IPC regarding the publication of a news article, upheld the Ld. M.M.'s Order, recognizing that the publication in question was made in good faith and in exercise of the Fundamental Right of Freedom of Speech and Expression under Article 19(1)(a) of the Constitution. The Court concluded that the news article did not warrant prosecution and quashed all proceedings, emphasizing that honest reporting, absent malice, is protected by the freedom of speech.