Time has come to decriminalise defamation law: SC

New Delhi: The Supreme Court has observed that the time has come to decriminalise the defamation law, while agreeing to examine a plea by the Foundation for Independent Journalism seeking to quash the summons issued to it in a criminal defamation case.

A bench of Justices M M Sundresh and Satish Chandra Sharma issued notice to former Jawaharlal Nehru University (JNU) professor Amita Singh.

The apex court passed the remark while hearing the plea of the organisation, which runs The Wire news portal, and its political affairs editor Ajoy Ashirwad Mahaprashasta.

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“I think time has come to decriminalise all this…” Justice Sundresh observed orally.

The top court was hearing a plea challenging a trial court order issuing summons to them in a defamation case filed by the former JNU professor over the publication of the dossier.

The complainant had argued before the lower court that the accused people had launched a hate campaign against her to malign her reputation.

This is the second round of litigation on the alleged defamatory report published by the portal.

The Delhi High Court in 2023 had quashed the summons issued to them. The top court, however, reversed the order and remanded the matter for fresh consideration before the trial court.

The trial court again issued a summons, and the high court also upheld it.

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