Freedom of Speech Upheld: Supreme Court Quashes Criminal Defamation Case Against Newspaper Owner

The Supreme Court recently ruled on a criminal defamation case filed against a newspaper owner, reaffirming the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Indian Constitution. The case involved allegations of defamation due to the publication of a news article in a local newspaper, ‘Sunday Blast,’ owned by the appellant, Sanjay Upadhya.

Background of the Case

The case originated when the respondent, Anand Dubey, filed a complaint under Section 500 of the Indian Penal Code, 1860, alleging that a defamatory news article was published against him in the edition dated 24th February 2013. The article, titled “Advocate ne pan masala vyavasayi par karaya jhuta mamla darj,” allegedly harmed his reputation.

The complainant contended that the publication was made without verifying the facts and led to damage to his standing in society. He filed a complaint in the Court of Judicial Magistrate First Class, Hoshangabad, seeking criminal prosecution of the newspaper owner.

Decisions of the Lower Courts

The Judicial Magistrate First Class dismissed the complaint on 12th June 2017, citing the fundamental right to freedom of speech and expression. The Magistrate ruled that the article did not warrant prosecution under Section 500 IPC.

However, the complainant appealed to the Additional Sessions Judge, Hoshangabad, who reversed the Magistrate’s order on 15th October 2018, reinstating the defamation charges against the appellant.

The appellant then moved the Madhya Pradesh High Court, challenging the decision. The High Court dismissed the plea on 29th January 2020, upholding the Sessions Court’s order. This led to the present appeal before the Supreme Court.

Petitioner’s Arguments

The petitioner, Sanjay Upadhya, contended that:

The news article was published in good faith and in exercise of his fundamental right to free speech.
There was no malice or intent to harm the complainant’s reputation.
The complaint was an attempt to stifle press freedom and misuse defamation laws.

Respondent’s Arguments

The respondent, Anand Dubey, argued that:

The news article was published without verifying facts, causing reputational damage.
The freedom of speech should not be used to justify defamatory content.
The previous courts rightly reinstated the defamation case, and the matter required trial.

Supreme Court’s Judgment

After reviewing the case, the Supreme Court ruled in favor of the appellant, stating:

“The publication in question did not warrant prosecution of the accused appellant for the offence punishable under Section 500 of the Indian Penal Code, 1860.”
The news article was published in good faith and under the right to free speech.
The Magistrate’s initial dismissal of the complaint was legally sound and should not have been overturned.
The High Court erred in interfering with the Magistrate’s well-reasoned order.

Accordingly, the Supreme Court quashed the orders of the Additional Sessions Judge and the Madhya Pradesh High Court, restoring the Magistrate’s decision and dismissing all criminal proceedings against the appellant.

This ruling reinforces the importance of press freedom and the protection of journalists from frivolous defamation suits aimed at suppressing free speech.

Petitioner Name: Sanjay Upadhya.
Respondent Name: Anand Dubey.
Judgment By: Justice B.R. Gavai, Justice Sandeep Mehta.
Place Of Incident: Hoshangabad.
Judgment Date: 29-01-2024.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: sanjay-upadhya-vs-anand-dubey-supreme-court-of-india-judgment-dated-29-01-2024.pdf

Directly Download Judgment: Directly download this Judgment

See all petitions in Civil Defamation
See all petitions in Criminal Defamation
See all petitions in Judgment by B R Gavai
See all petitions in Judgment by Sandeep Mehta
See all petitions in allowed
See all petitions in Quashed
See all petitions in supreme court of India judgments January 2024
See all petitions in 2024 judgments

See all posts in Defamation Cases Category
See all allowed petitions in Defamation Cases Category
See all Dismissed petitions in Defamation Cases Category
See all partially allowed petitions in Defamation Cases Category