A whistleblower who tries to highlight malfunctioning of the government “should not be silenced" even if the speech or editorials appear to invite contempt of court and truth should ordinarily be allowed as defence, the Supreme Court ruled on Friday.
A whistleblower who tries to highlight malfunctioning of the government “should not be silenced" even if the speech or editorials appear to invite contempt of court and truth should ordinarily be allowed as defence, the Supreme Court ruled on Friday.
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“The truth should ordinarily be allowed as a defence unless the court finds that it is only a camouflage to escape the consequences of deliberate or malicious attempt to scandalise the court or is an interference with the administration of justice,” a bench comprising Justices GS Singhvi and AK Ganguly said.
The judgement came three days after the Union Cabinet approved a Bill to give protection to whistle blowers. The ruling came on a petition of Indirect Tax Practitioners Association seeking prosecution of R.K. Jain, Editor of Excise Law Times, for writing articles which allegedly scandalised the functioning of a tax tribunal, CESTAT.
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