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seemabhatnagar · 3 months

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‘Freedom of Speech and Expression doesn’t give right to tarnish the image of any person under the garb of Article 19’

Jagat Singh Negi v. Surat Singh Negi

Crl Revision 401/2022

Before High Court of Himachal Pradesh at Shimla

Hon’ble Mr. Justice Rajesh Kainthla J on 11.01.2024 partially set aside the order of Trial Court to the extent of allowing the complaint for the Offence of Defamation as calling the complainant ‘corrupt’ in press conference is tarnishing his image in the eyes of public. But will not cause breach of peace or incite a class or a community to cause breach of peace.

Facts

The Petitioner filed a complaint before the Trial Court for the offences punishable under Sections 500, 504, 505(C) of IPC asserting that the accused made a statement in the Press Conference that the petitioner had not toured Kinnaur District but more than 50 times during two years had withdrawn Travelling Allowance amounting to Rs.12,54,145/-.

He toured every district in his capacity as Vice President of Forest Corporation and had drawn the Travelling Allowance of ₹2,00,000/-. The petitioner indulged in corruption.

These words amount to defamation to him in the eye of the public.

The Trial Court recorded the statements of the petitioner and his witnesses and thereafter held that the right of speech and expression is a fundamental right. The public has a right to know.

There was no mensrea. Hence, the complaint was dismissed.

Aggrieved by the order of the Trial Court, present criminal revision is filed before High Court of Himachal Pradesh at Shimla.

Submission of the Petitioner

The petitioner is known for his honesty and integrity.

Right of freedom of speech is not absolute.

The Video recording of the statement was not considered by the Trial Court.

Trial Court misdirected itself while passing the order.

The right to criticism doesn’t include hurling abuses or criticism.

Observation of the High Court

The High Court Cited the Case of State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335 where in it was held by the Apex Court that if any imputation of corruption is made against person holding high Office, the person can approach the Court u/s 500 IPC for suing for damages.

Allegation that the petitioner had withdrawn the excess amount can amount to criticism of the public official but calling an official ‘Corrupt’ is defamation ‘per se’ & is lowering the image in the eyes of the public.

Article 19 is not absolute but subject to exceptions which includes defamation.

A person can’t tarnish the reputation of a person in the garb of Freedom of expression and speech.

Trial Court fell in error by justifying the accused calling him as ‘Corrupt’.

Nothing was stated in the complaint to infer that words used will cause breach of peace.

Offence of Section 504IPC is not made out.

The statement does not contain any word which intend to invoke or incite a class or community to cause breach of peace.

Calling complainant corrupt will not incite any community or class for breach of peace.

Seema Bhatnagar

#defamation #democracy #article19 #constitutionofindia #mudslinging #criticism #section500ipc #ingredientsofsectionmustbesatisfied

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neelkanthcables · 10 months

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Proudly waving our flag, we commemorate the day Mozambique claimed its independence and embraced a brighter future.

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framefeatures · 2 years

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soolegal · 1 month

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𝐓𝐡𝐞 𝐂𝐨𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧 𝐨𝐟 𝐈𝐧𝐝𝐢𝐚 is the longest written constitution of any sovereign country in the world, containing 444 articles in 22 parts, 12 schedules and 118 amendments, with 146,385 words in its English-language version.

#ConstitutionofIndia #LongestConstitution #sovereign #DidYouKnow #SoOLEGAL #FAQs #lawyer

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theindiareview · 3 months

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#AshokPangariya.#ConstitutionofIndia #Finance #FinanceCommission

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phdguides · 3 months

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This Republic Day, let freedom ring for research! Pursue your PhD, contribute to India's glory

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tonyandguyfinancialdistrict · 3 months

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Happy Republic Day! 🇮🇳✨ Let's celebrate the spirit of unity, diversity, and freedom. Proud to be a part of this incredible nation. Here's to the colors of India, today and always! 🎉🔵🟠

#RepublicDay #ProudIndian #republicday2024 #republicday #republicdayindia #Constitution #ConstitutionofIndia #HappyRepublicDay #happyrepublicday2024 #happyrepublicday #specialday #trending #trendingnow #Hyderabad #india #freedomfighters #freedomfighter #FreedomFighterofIndia #freedomfightersofindia

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sarasbooksonline · 3 months

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Wishing all my fellow citizens a proud and patriotic Republic Day. May the tricolor always fly high! 75th Republic Day Celebration.

#Republicday #happyrepublicday #indianconstitution #freedom #speech #liberty #constitutionofindia #sarasbooksonline

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studypoliticalsciencewithus · 5 months

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#constitutionofindia #equality #liberty #justice #social justice

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laweducation · 5 months

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#lawnotes #law student #constitutionofindia #Regulating Act 1773 #law india

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seemabhatnagar · 10 months

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PIL seeking abolishing of the "male" pronoun from the Constitution of India

Harsh Gupta v. Union of India

W P ( c ) 473/2023

Before Hon’ble Mr. Chief Justice of India & Hon’ble Mr. Justice P S Narsimha J

Dismissed on 04.07.2023

it is a mockery of justice that resources of legal system are consumed by petitions in the name of Public Interest Litigation (PIL) when the Supreme Court is facing escalating pendency of cases where the personal liberty of the person is involved and have legitimate expectation of early justice. Now is being brazenly misused to seek publicity or to settle business and political rivalry.

The spirit behind public interest petition was that a citizen may approach the court to ventilate grievance of a person or class of persons who are unable to pursue their rights.

A PIL was filed by a Law student Harsh Gupta from Agra under Article 32 of the Constitution of India seeking to abolish “male” pronouns in the Constitution of India. The matter was heard by a Division Bench of Hon’ble Mr. Chief Justice DY Chandrachud J and Hon’ble Mr. Justice PS Narasimha J. Under the garb of right to equality the petitioner intended to get the word ‘male’ abolished in the Constitution. The Constitution uses the word Chairman now Chairperson but that does not mean a woman can’t be appointed.

The PIL was dismissed with the observation of the Hon’ble Apex Court, ‘ we are not inclined to entertain such petition under Article 32 of the Constitution pf India.’

Seema Bhatnagar

#PIL #malepronoun #strikeoff #misused #abuseofprocessoflaw #wastageoftime #article32 #constitutionofindia #supremecourt #business #litigation

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tnsfrbc · 5 months

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Tribute to the former Prime Minister of India Shri Vishwanath Pratap Singh on his death anniversary.

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kineglobe · 5 months

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aggarwallawchamber · 5 months

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Right to Privacy as a Fundamental Right- Explained!

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soolegal · 5 months

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#𝐃𝐢𝐝𝐘𝐨𝐮𝐊𝐧𝐨𝐰

𝐓𝐡𝐞 𝐂𝐨𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧 𝐨𝐟 𝐈𝐧𝐝𝐢𝐚 is the longest written constitution of any sovereign country in the world, containing 444 articles in 22 parts, 12 schedules and 118 amendments, with 146,385 words in its English-language version.

#ConstitutionofIndia #LongestConstitution #sovereign #FAQs #SoOLEGAL #lawyers #advocate

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operationofgs · 7 months

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Civil freedoms are guaranteed by the Fundamental Rights in India, which are enshrined in section III (Article 12-35) of the Indian Constitution, allowing all Indians to enjoy peaceful and harmonious lives as Indian citizens.These rights are referred to as "fundamental" since they are crucial for overall development. . YouTube link :- https://www.youtube.com/channel/UC0vbiPLOGGBWNfbWtf0Ltng

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