SC: RSS Members have ‘Locus Standi’ to file Defamation Complaints 

Supreme Court Law Insider

Khushi Doshi

Published on: March 27, 2022 at 12:45 IST

The Supreme Court has maintained a Kerala High Court judgement holding that any member of the Rashtriya Swayamsevak Sangh (RSS) has ‘locus standi’ to file a defamation action against the organisation.

In a March 25 ruling, a panel of Justices Dinesh Maheshwari and Aniruddha Bose declined to hear a Petition challenging a Kerala High Court order.

“After hearing Learned Counsel for the Petitioner and Reviewing the Evidence, we do not see any basis to consider this Plea under Article 136 of the Indian Constitution.” “As a result, the Petition for Special Leave to Appeal is rejected,” the Supreme Court stated.

The Kerala High Court has ruled that any Rashtriya Swayamsevak Sangh member has ‘locus standi’ to file a defamation action against the organisation.

The High Court had instructed the Trial Court to accelerate the trial and to conclude the matter in conformity with the law.

The High Court was hearing a Petition filed by the accused in a Defamation Case seeking to stay all proceedings in the matter before an Ernakulam Court.

The lawsuit was filed against Mathrubhoomi Illustrated Weekly based on a private complaint submitted by the Rashtriya Swayamsevak Sangh ‘s Kerala State Secretary, alleging offences punishable under Sections 120B, 153A, 500, and 34 of the Indian Penal Code.

The complaint claims that an article prepared and published by Mathrubhoomi weekly contains defamatory and deceptive imputations, damaging  Rashtriya Swayamsevak Sangh ‘s public reputation.

Also read:

Power of High Courts to Make Rules

What is the process for filing a Special Leave Petition? (civil and criminal)

Related Post