THIRU N.RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) These batch of writ petitions raises the following questions for consideration:

(2.) In these batch of writ petitions, several newspapers have challenged the launching of prosecution of Criminal defamation against them under Sec. 499 IPC by the State Government through the Public Prosecutor under Sec. 199(2) Cr.P.C. In the respective cases, either the Government order sanctioning the prosecution is challenged or the criminal complaint pending before the Sessions Judge is challenged or in some cases, both the Government order and the criminal complaint are challenged. Some of the petitioners have also challenged the constitutional validity of criminal defamation falling under chapter XXI IPC (which comprises of Ss. 499 to 502 IPC). But that issue has now been well settled by the Hon'ble Supreme Court in the case of Subramaniam Swamy vs. Union of India reported in (2016) 7 SCC 221 as the Supreme Court has held the said sec. to be constitutionally valid. Therefore, there is no necessity for this Court to give its ruling on the constitutionality of criminal defamation.

(3.) This Court now restricts its consideration only to the validity of Government orders sanctioning prosecution through the Public Prosecutor and the consequent complaints pending on the file of the Sessions Court. As the issues involved in these writ petitions are one and the same, they are disposed of by a common order.