Date:13/08/2003 URL: http://www.thehindu.com/2003/08/13/stories/2003081302791300.htm

National

SC notice on petition challenging defamation law

By Our Legal Correspondent

NEW DELHI Aug. 12. The Supreme Court on Monday issued notice to the Centre on a special leave petition from the Chief Editor of the Telugu newspaper, Vaartha, A.B.K. Prasad, challenging the constitutional validity of Sections 499 and 500 of the Indian Penal Code relating to defamation.

A Bench, comprising Justice B.N. Agrawal and Justice A.R. Lakshmanan, issued notice after hearing senior counsel for the petitioner, S. Ramachandra Rao, who contended that these provisions were unconstitutional as they violated Article 19 (1) (a), viz., right to the freedom of speech and expression.

Mr. Rao submitted that in the case, ``Rajagopal vs State of Tamil Nadu'', the apex court had not decided the question of impact of the freedom of press guaranteed under Article 19 (1) and section 499 IPC defamation law made under the colonial government in the 19th century.

He said the court had made only a passing reference in the case regarding the constitutional validity of Section 499 IPC.

The Bench after examining the case decided to take this matter into consideration and hence ordered notice to the Centre.

According to the appellant, criminal defamation proceedings were initiated against him and others in respect of an article published in the newspaper in 1996 and it ended in payment of fine.

Even as the proceedings were pending, the appellant moved the Andhra Pradesh High Court challenging Sec. 499. The High Court rejected the petition and the present SLP was directed against this judgment dated January 25, 2002.