S.SANTHANAGOPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The various facets of defamation have been dealt with by the Hon'ble Supreme Court in the decision in Subramanian Swamy - Vs - Union of India (2016 (7) SCC 221), wherein 'Reasonable Restriction' in the wake of Article 19 (1) of the Constitution was one of the foremost contention raised before the Hon'ble Apex Court and in that context, the following has been observed :-

(2.) As expostulated by the Hon'ble Apex Court, the right to reputation, inherent in Article 21 has to be balanced with right to freedom of speech and expression under Article 19 (1) of the Constitution. In this backdrop, the present issue has arisen before this Court, which is common in all the petitions and, therefore, they are disposed of by this common order.

(3.) The petitioners have approached this Court against the issuance of G.O. Ms. No.802 and 803 Public (Law & Order H) Dept., dated 05.09.2014 as also the complaint in C.C. Nos.39 and 40 on the file of the learned Principal District and Sessions Judge, Chennai, which have been filed in pursuant to the above Government Orders. The prayer, as made by the petitioners is for the quashment of the above Government Orders as well as the cases on the board of the learned Principal District & Sessions Judge, Chennai.