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Breaking; After 66A of IT Act, SC examines the vires of Criminal Defamation Law in India

April 7, 2015Daily NewsBy wp-admin

Two Judge Bench of the Supreme Court [Dipak Mishra and P.K.Pant.JJ] Today issued notice to Centre in a batch of PILs including the one filed by Subramanian Swamy to de-criminalize the Defamation [S.499/500 of Indian Penal code.

Swamy’s plea was based on the following main contentions;

“(a) The provisions contained in Sections 499 and 500 IPC, travel beyond the restriction clause enshrined under Article 19(2) of the Constitution of India, for that really constricts the freedom of speech beyond reasonable limit.

 (b)The very purpose of Article 19(2), as would be  evident from the debate  in the provisional Parliament, was not meant to put such restrictions          and,   therefore, such an enormous restriction cannot be thought of under Article 19(2) to support the constitutionality of the said provisions and further it will violate the concept of rule of law.”
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