Defamation case: SC asks Arvind Kejriwal, Rahul Gandhi to move High Court

New Delhi: The Supreme Court on Friday asked Delhi Chief Minister Arvind Kejiriwal, Congress leader Rahul Gandhi, BJP leader Subramanian Swamy and others to face the trial in the defamation complaints filed against them or seek remedy in the High Court by praying for stay of summons/quashing of criminal proceedings.

A bench of Justices Dipak Misra and Prafulla C. Pant, however, said causing harm to the reputation of a person is the basis on which the offence is founded and mens rea (criminal intention) is a condition precedent to constitute the said offence.

The complainant has to show that the accused had intended or known or had reason to believe that the imputation made by him would harm the reputation of the complainant.

It cautioned the Magistrates concerned and said they should be circumspect and judicious in exercising discretion and should come to a prima facie conclusion for issuing summons.

They should take all the relevant facts and circumstances into consideration before issuing process (summons) lest it would be an instrument in the hands of the private complaint as vendetta to harass the persons needlessly.

On Section 199 IPC relating to sanction for prosecution by government servants and filing complaints through the Public Prosecutor, the bench said the provision gives public servants protection for their official acts. There cannot be defamatory attacks on them because of discharge of their due functions. In that sense, they constitute a different class. Be it clarified here that criticism is different than defamation.