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Top court upholds validity of criminal defamation laws
New Delhi, May 13 (IBNS) The Supreme Court on Friday upheld the constitutional validity of criminal defamation laws, which, curiously, were challenged by rival politicians, including Arvind Kejriwal, Rahul Gandhi and his family's chief baiter, the BJP's Subramanian Swamy.
According to reports, the top court said, "we have to strike a balance between fundamental rights to freedom of speech and the reputation of an individual."
Questioning the constitutional validity of sections 499 and 500 of the Indian Penal Code, which provide for criminal defamation, the petitioners argued that the provisions under these sections are not needed as the Constitution's Article 19(2) imposes reasonable restriction on freedom of speech and expression.
The petitioners said the defamation law has been misused by politicians to gag rivals and the media.
Congress vice president Rahul Gandhi, Delhi Chief Minister and Aam Aadmi Party chief Arvind Kejriwal, Tamil Nadu's Captain Vijaykanth and several journalists who have been sued for defamation followed with petitions challenging the criminal defamation laws.
The Centre had told the court that defamation cases are decided very fast in other countries like Britain, while in India, they take years, even decades.
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