Defamation cases should not be used as a political weapon: SC

The Supreme Court on Thursday said defamation cases should not be used as a political counter weapon against critics of governments and stayed non-bailable warrants (NBW) issued against Desiya Murpokku Dravida Kazhagam (DMDK) Chief and actor politician Vijayakanth and his wife Premlata in such a matter.

“Anyone calling a government corrupt or unfit cannot be slapped with defamation case,” said a Bench comprising Justices Dipak Misra and RF Nariman.  The Apex Court further said, “there has to be tolerance to criticism...defamation cases cannot be used as a political counter weapon. Cases for criticising the government or bureaucrats create a chilling effect.” 

It also sought the list of defamation cases filed by the public prosecutors in Tamil Nadu on behalf of Chief Minister Jayalalithaa against her critics in two weeks.

The penal provision on defamation (section 499 and 500 of the IPC) should not be used to throttle dissent, the Bench said, adding that the court must step in, if there are continuous efforts to harass persons by filing a number of defamation cases.