S. SELVAM Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner has approached this Court, seeking the following relief:

(2.) The above said criminal complaint has been filed by the City Public Prosecutor/third respondent herein, alleging defamation against the petitioner who is the Printer, Publisher and Editor of Tamil news daily "Murasoli". As per the complaint, certain materials which were published in the daily run by the petitioner in the issue dated 20.05.2012, are per se defamatory and therefore, would attract penal provisions of the Indian Penal Code. The said action initiated by the third respondent is put to challenge in the present writ petition.

(3.) The learned counsel for the petitioner would submit that the Constitution of India has provided 'right to freedom' which guarantees freedom of speech and expression and such freedom of expression is a part of the fundamental right enshrined in the Constitution and therefore, such right cannot be impeached for filing defamation cases and by stifling the free and frank expression to be expressed by the news Media. He would submit that what has been published in the newspaper is their bona fide opinion of the ruling establishment and therefore, it does attract the ingredients and the relevant provisions of the Indian Penal Code. In such event, the complaint which was initiated by the third respondent/Public Prosecutor cannot be proceeded with as that would undermine the fundamental rights guaranteed to the citizens of India under the Constitution.