Subramanian Swami urged the SC to declare IPC Sections 499 and 500 as unconstitutional
Supreme Court of India
New Delhi: BJP leader Subramanian Swami on Tuesday urged the Supreme Court to declare IPC Sections 499 and 500 relating to criminal defamation unconstitutional as they are regarded as having an inhibitive effect on freedom of speech and expression, political speech in particular, rather than operate for the protection of reputation.
Making this submission before a bench of justices Dipak Misra and Prafulla C. Pant, hearing a batch of petitions challenging these two section, Dr Swami said, “By criminal prosecution, the real danger is critics are turned into criminals and this will chill robust public debate due to fear of arrest and the social odium from criminal prosecution.”
He pointed out as to how the defamation cases filed against him by the Tamil Nadu Chief Minister J. Jayalalithaa were done with non-application of mind and said this court should quash these defamation proceedings.
At this juncture Justice Misra agreed with Dr. Swami’s submission and said prima facie ‘we feel that these statements are not defamatory in nature.” When the bench asked amicus curiae and senior advocate K. Parasaran whether the Apex Court could quash such proceedings, Mr Parasaran said “If something is done without application of mind, this court can strike it down.”
Dr Swami said, “If a law impacts by creating a chilling effect on robust debate or strikes fear of speaking the truth in a public discourse for lack of access to adequate evidence that is fit for a court, then it erodes Article 19(1)(a) unreasonably and is thus ultra vires the Constitution.” Criticising such provisions, he said “For a nation with a national motto of Satyameva Devata, it is ironic. It was for colonial convenience.” Arguments will continue on Wednesday.
( Source : deccan chronicle )
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