In a hearing that drew attention from media and legal circles alike, the Supreme Court on Monday issued notice to online news portal The Wire and its deputy editor Ajoy Ashirwad Mahaprastha. The case pertains to a criminal defamation complaint filed by former JNU professor Amita Singh over an article published in 2016.
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Background
The dispute traces back to a report titled Dossier Call JNU 'Den of Organised Sex Racket'; Students, Professors Allege Hate Campaign. Singh claimed the article falsely implicated her in preparing a dossier portraying Jawaharlal Nehru University (JNU) as a hub of unethical and extremist activities. She alleged the report harmed her reputation and accused the portal of publishing it without verifying facts.
A magistrate had initially issued summons to the news portal in 2017. After prolonged litigation, including interventions by the Delhi High Court, the matter returned to the Supreme Court following a 2024 order remanding the case for fresh consideration.
Court's Observations
During the proceedings, the bench of Justice MM Sundresh and Justice Satish Chandra Sharma openly questioned the drawn-out nature of the case.
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Justice Sundresh remarked,
"How long will you go on dragging this? I think time has come to decriminalise all this."
Senior Advocate Kapil Sibal, representing The Wire, agreed with the observation, highlighting that similar debates are ongoing in other high-profile cases, including one involving Rahul Gandhi. The remarks reflected growing judicial acknowledgment of concerns around criminal defamation in India, which remains a rarity among democratic nations.
The defamation provision, now under Section 356 of the Bharatiya Nyaya Sanhita, replaced the earlier IPC Section 499. Unlike India, most democracies provide only civil remedies for defamation, making criminal proceedings exceptional.
After hearing arguments, the Supreme Court issued notice to Amita Singh, directing her to respond to the petition filed by the Foundation for Independent Journalism.
The matter will now proceed with Singh's reply and further judicial consideration.