SC denies relief to journalist for defamatory article against lawyer
The Supreme Court Friday refused to grant relief to a journalist convicted in 2015 for writing defamatory articles against a lawyer. Notably, the journalist was challenging a Karnataka High Court order sentencing him to one-month imprisonment. The SC said the one-month imprisonment was a liberal sentence against him. The court also made remarks against the language used by the journalist in his articles.
Why does the story matter?
The SC judgment assumes significance considering in view of the debate on press freedom and alleged abuse of newspaper editorials. The journalist had allegedly published several news articles, making baseless "defamatory" allegations against the lawyer. A trial court had convicted him of the offense in 2009 and sentenced him to one-year imprisonment. However, the HC had reduced his imprisonment to one month in 2015.
SC slammed journalist for calling lawyer 'third-rate'
Journalist DS Vishwanatha Shetty's plea against the HC order was heard by an SC bench comprising Chief Justice of India NV Ramana, Justices Surya Kant, and Hima Kohli. During the hearing, Justice Kant slammed the journalist for calling the complainant a "third-rate lawyer" in his article. "This is the kind of language you use and claim that you're a journalist," he added.
Let him suffer: CJI Ramana
Calling it "yellow journalism," CJI Ramana said the sentence was "liberal" as it is only a one-month imprisonment. "Let him suffer. What kind of journalism is this? We have to protect lawyers, too. One month is very less," the CJI added.
What did the plea say?
The petitioner submitted that the HC had not correctly appreciated the facts of the case. He said the HC only partially allowed his plea by reducing his sentence from one year to one month. The plea further argued that the HC order violates "freedom of the press" and "right to know"—recognized as an intrinsic part of the Constitution-guaranteed freedom of speech and expression.
What was the case?
The petitioner was proprietor, publisher, editor, and printer of 'Tunga Varthe', a Kannada weekly newspaper. He was sentenced to one-year imprisonment in 2009 by a trial court for publishing defamatory articles against advocate TN Rathnaraj in 2008. In his articles, he had called Rathnaraj a goon and MLA's spy for having prepared sale deeds pertaining to lands granted to SC/ST through fraudulent means.
