The Supreme Court of India, on February 18, 2025, quashed a criminal defamation case filed in 2014 against Jaideep Bose, the Editorial Director of Bennett Coleman & Co Ltd, the publishing company of The Times of India. The court also dismissed proceedings against co-accused Nergish Sunavala, Swati Deshpande, and Neelam Raj, who were editors and correspondents at the publication at that time.
The case was originally filed by Bid and Hammer Auctioneers Private Limited over an article published in The Times of India, alleging that counterfeit artworks were auctioned.
Karnataka High Court's Decision Overturned
Earlier, the Karnataka High Court had refused to quash the defamation proceedings. In an order dated June 18, 2024, Justice N.S. Sanjay Gowda had upheld the complaint under Sections 499 and 500 of the Indian Penal Code. However, this decision was later challenged before the Supreme Court.
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A bench comprising Justices J.B. Pardiwala and R. Mahadevan reviewed the case and found significant procedural irregularities. They noted:
"The complainant failed to produce any witness to prima facie establish that the alleged imputation lowered their reputation. The auction was conducted on June 27, 2014, and the Magistrate, after merely reviewing the complainant’s statement, issued summons without proper material evidence. No proof was presented to show that the auction was unsuccessful or that any financial loss occurred due to the published news article."
The Supreme Court observed that summoning the accused without proper examination of witnesses would serve no useful purpose, especially as the auction had concluded over a decade ago. The court concluded that prolonging the litigation would not yield any meaningful outcome.
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Supreme Court's Guidance to the Media
While delivering the verdict, Justice Mahadevan highlighted the importance of responsible journalism and the balance between freedom of speech and accountability. The judgment emphasized:
"The right to freedom of speech and expression, as guaranteed under Article 19(1)(a) of the Constitution, is paramount. However, it is reiterated that media professionals, particularly those in key editorial positions, must exercise utmost caution before publishing any statement, news, or opinion."
The court further underlined the media’s influence on public perception:
"The power of the press to shape public opinion is significant. Media has the ability to influence sentiments and perceptions at a remarkable speed. Therefore, accuracy, fairness, and responsibility should always be upheld while reporting."
Case Details
- Case Name: Jaideep Bose v. M/s Bid and Hammer Auctioneers Private Limited
- Case Number: SLP (Crl) No. 10212/2024 and connected cases