The Supreme Court of India delivered a significant verdict in a defamation case concerning the fundamental right of freedom of speech and expression. The case centered around the publication of a news article in the newspaper 'Sunday Blast,' owned by the appellant, which allegedly tarnished the reputation of the complainant, an advocate, in the eyes of the public.

The appellant, represented by Senior Advocate S.K. Gangele, challenged the prosecution under Section 500 of the Indian Penal Code (IPC) before the Supreme Court, contending that the publication was made in good faith and in exercise of the constitutional right to freedom of speech and expression under Article 19(1)(a) of the Indian Constitution.

The two-Judge Bench, comprising Justice B.R. Gavai and Justice Sandeep Mehta, examined the matter and upheld the lower court's decision to reject the complaint. The Magistrate had ruled that the publication did not warrant prosecution as it was in line with the fundamental right of freedom of speech and expression. The Supreme Court concurred with this view, emphasizing the importance of freedom of the press in a democratic society.

Despite the absence of representation on behalf of the respondent, the Court considered the arguments put forth by the appellant and evaluated the merits of the case. It observed that the lower court's decision was well-reasoned and legally sound, and thus, the High Court's intervention through revisional jurisdiction was unwarranted.

Consequently, the Supreme Court allowed the appeal, overturned the High Court's order, and quashed the proceedings against the newspaper owner.

Case: Sanjay Upadhya v. Anand Dubey,

CRIMINAL APPEAL NO(S).___OF 2024 (Arising out of SLP(Crl.) No(s). 3180 of 2020).

Click here to read/download judgment.