NEW DELHI: The Supreme Court today upheld the constitutional validity of the 156-year-old penal laws on defamation, saying “reputation of one cannot be allowed to be crucified at the altar of the other’s right of free speech”.
The apex court rejected the pleas of Congress Vice President Rahul Gandhi, Delhi Chief Minister Arvind Kejriwal, BJP leader Subramanian Swamy and others to decriminalise the colonial-era penal provisions and they will now have to face criminal defamation cases lodged against them.
Upholding the constitutional validity of sections 499 and 500 of the IPC, dealing with criminal defamation and punishment for it which entails upto two years imprisonment or fine or both, the court held that the right to freedom of speech and expression is “absolutely sacrosanct” but “is not absolute.”
The bench comprising Justices Dipak Misra and Prafulla C Pant said the balance between the two rights — freedom of speech and right to reputation — needed to be struck and “reputation of one cannot be allowed to be crucified at the altar of the other’s right of free speech”. (AGENCIES)
Follow our WhatsApp channel