Staying 15 defamation proceedings against Tamil Nadu-based editor and publisher Nakkheeran Gopal, the Supreme Court on Friday tagged his challenge to the constitutionality of criminalisation of defamation under the IPC to identical petitions filed by prominent political leaders.
A Bench led by Justice Dipak Misra will now hear Mr. Gopal’s petition along with those filed by Congress vice-president Rahul Gandhi, BJP leader Subramanian Swamy, Delhi Chief Minister and AAP leader Arvind Kejriwal, all of whom have said that making defamation a criminal offence under a colonial penal law was a slur on free speech.
Mr. Gopal has further challenged the validity of section which deals with procedure to be followed by the prosecutors in filing complaints if defamatory statements are made against dignitaries such as President, Prime Minister and Chief Ministers.
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“The sanction for prosecution is mechanically granted. For every filing of a complaint, a special fee is drawn by the City Public Prosecutor,” Mr. Gopal submitted.
Mr. Gopal has also made former Tamil Nadu Chief Minister Jayalalithaa, ex-State Chief Secretary Debendra Sarangi and others as parties to his plea. The court has posted the case on July 8.
All of them have challenged the constitutionality of criminalisation of defamation