Greenpeace activist Priya Pillai on Tuesday moved the Supreme Court challenging the criminal defamation provisions under the Indian Penal Code. She has challenged the filing of criminal defamation complaint filed against her by Essar Power MP Ltd in a Madhya Pradesh court.
The matter was mentioned by Advocate Karuna Nundy and Advocate Avi Singh before a Bench comprising of Justices Dipak Misra and P.C. Pant who however did not issue any notice to Essar but instead tagged the case along with the connected cases pursuant to a request to that effect made by Priya Pillai’s counsel. Senior Advocate Gopal Subramanian will argue the matter Tomorrow. [Read the Petition here].
In a related development, the Foundation for Media Professionals have sought the issuance of certain directions/frame safeguards under Article 142 of the Constitution of India with respect to criminal complaints under Section 499 of the IPC to prevent abuse of the process of law. They have requested the SC to direct magistrate to take certain steps before issuance of summons in a criminal complaint under Section 499/500 IPC and when dealing with such complaints . The directions sought by the Foundation for Media Professionals include:
The submissions are made by Anup J. Bhambani, Sr. Adv. who is briefed by Apar Gupta, Dushyant Arora and Mudrika Bansal advocates.
Here is the Full text of Arguments by Anup J. Bhambani, Sr. Adv
We would like to thank Advocate Karuna Nundy, Advocate Apar Gupta and The Centre for Communication Governance at National Law University, Delhi for the materials and updates.
Read the petition here.