Supreme Court Quashes Defamation Proceedings Against 'Sunday Blast' Owner, Upholds Freedom of Speech

In a significant judgment, the Supreme Court yesterday quashed the defamation proceedings against Sanjay Upadhya, the owner of the newspaper 'Sunday Blast'. The apex court upheld the fundamental right to freedom of speech and expression while setting aside the orders of the High Court and the Sessions Court.

The bench comprising Justices B.R. Gavai and Sandeep Mehta emphasized the importance of the fundamental right under Article 19(1)(a) of the Constitution in their decision. “We are also of the view that the news article in question was published in good faith and in exercise of the Fundamental Right of Freedom of Speech and Expression enshrined under Article 19(1)(a) of the Constitution of India,” the bench observed.

The case stemmed from a complaint filed by Anand Dubey, alleging that the publication of a particular article in 'Sunday Blast' had tarnished his reputation, thereby constituting criminal defamation under Section 500 of the IPC. The Judicial Magistrate First Class, Hoshangabad, initially rejected the complaint, but this was later overturned by the Additional Sessions Judge and upheld by the Madhya Pradesh High Court, leading to the present appeal.

In their judgment, the Supreme Court noted that the order passed by the learned Magistrate First Class, Hoshangabad, was well-reasoned and did not warrant interference by the higher courts. The Court observed, "The learned Magistrate in its order referred to the Fundamental Right of Freedom of Speech and Expression enshrined under Article 19(1)(a) of the Constitution of India and held that the publication in question did not warrant prosecution of the accused appellant for the offence punishable under Section 500 of the Indian Penal Code, 1860."

The Court’s decision to quash the proceedings marks a reaffirmation of the right to freedom of speech and expression in the context of journalistic pursuits. The appeal was thus allowed, and all proceedings initiated against Sanjay Upadhya under Section 500 of the IPC were quashed.

Date of Decision: 29th January 2024

SANJAY UPADHYA VS  ANAND DUBEY