LI Network
Published on: January 18, 2024 at 12:30 IST
The Himachal Pradesh High Court asserted that labeling an individual as corrupt is inherently defamatory and cannot be justified under the umbrella of freedom of speech.
The decision came in response to a defamation complaint filed by Congress leader and State Revenue Minister Jagat Singh Negi against Bharatiya Janata Party (BJP) leader Surat Singh Negi.
Justice Rakesh Kainthla, while partially allowing Jagat Singh Negi’s petition, emphasized that characterizing a person as corrupt tends to diminish their standing in the eyes of the public, and such accusations cannot be justified by invoking Article 19 of the Indian Constitution.
The Court directed the summoning of Surat Singh Negi under Section 500 (defamation) of the Indian Penal Code for referring to Jagat Singh Negi as corrupt during a press conference.
The complaint alleged that Surat Singh Negi accused Jagat Singh Negi of corruption concerning the withdrawal of excess traveling allowance from the Himachal Pradesh Forest Corporation.
The trial court had previously dismissed Jagat Singh Negi’s defamation complaint, asserting that the opposition has the right to criticize the ruling party as an essential aspect of a vibrant democracy.
The trial court argued against politicians being overly sensitive to criticism.
Challenging the dismissal, Jagat Singh Negi’s counsel argued that the right to free speech and expression is not absolute and does not extend to hurling abuses and defamation.
The Himachal Pradesh High Court, after considering the arguments, opined that Surat Singh Negi’s statement about the excess withdrawal by Jagat Singh Negi could be construed as criticism and exposure of the public official’s actions.
However, the Court emphasized that labeling someone as corrupt diminishes their public standing and is inherently defamatory.
It criticized the trial court’s reliance on Article 19, stating that the right to criticize should not extend to abuse and defamation.
The Court concluded that the trial court erred in justifying Surat Singh Negi’s accusation of corruption and emphasized the need for responsible discourse in a healthy democracy.
The ruling partially allowed Jagat Singh Negi’s plea, setting aside the trial court order and directing the summons of Surat Singh Negi for defamation under Section 500 of the IPC. The parties are instructed to appear before the trial court on March 12.
