SC's remark for decriminalising colonial-era defamation law: ‘The time has come’

The top court made an observation while hearing a case involving online publication The Wire over a 2016 article.

Updated on: Sep 22, 2025, 16:39:33 IST

By HT News Desk

Prefer HTon Google

Share via

Copy link

The Supreme Court on Monday sparked renewed debate on India's colonial-era criminal defamation laws, as it agreed to hear pleas filed by news portal The Wire seeking to quash summons in a defamation case filed by former JNU professor Amita Singh.

The Supreme Court made the observation while hearing a plea against 'The Wire' and its Deputy Editor Ajoy Ashirwad Mahaprastha. (File Photo)

During the hearing, a bench of Justice MM Sundresh and Justice Satish Chandra Sharma said that the time has come to decriminalise the defamation law, Live Law reported.

"I think the time has come to decriminalise all this," Justice Sundresh orally commented while agreeing to issue notice on the matter.

Also Read | Air India crash: SC seeks Centre, DGCA replies on ‘fair, expeditious’ probe plea

The top court made the observation while hearing a plea against The Wire and its Deputy Editor Ajoy Ashirwad Mahaprastha. The case stems from a 2016 article published by The Wire, titled “Dossier Calls JNU 'Den of Organized Sex Racket'; Students, Professors Allege Hate Campaign”.

Former JNU professor Singh alleged that the article, authored by Ajoy Ashirwad Mahaprastha, falsely implied she authored the controversial dossier and accused her of stoking hate against students and faculty.

Also Read | Supreme Court approves draft Constitution for the AIFF

The complaint alleged that the editor did not verify the authenticity of the dossier and used it to benefit its magazine financially, defaming Singh's reputation.

Represented by Senior Advocate Kapil Sibal, the petitioners, including Foundation for Independent Journalism (the trust which runs The Wire), are challenging a fresh summons issued by a Delhi court.

Also Read | Why Trump is suing New York Times for a massive $15 billion

A Delhi metropolitan court had passed a summoning order against The Wire's Siddharth Bhatia and Ajoy in 2017. The Delhi High Court had quashed those original summons in 2023, but the Supreme Court reversed that decision in 2024 and remanded the case for fresh consideration.

A second round of summons, now being contested, was upheld by the Delhi High Court in May 2025.

ABOUT THE AUTHOR
HT News Desk
Follow the latest breaking news, major developments and agenda-setting stories from India and around the world with the newsdesk at Hindustan Times. Operating round the clock, the desk brings together experienced editors, reporters and correspondents to deliver fast, accurate and contextual reporting across subjects that influence public policy, governance, business, society and international affairs. The HT News Desk covers politics, elections, government policies, the economy, business and markets, science and technology, the environment, law and order, infrastructure, education, climate issues and geopolitics, while closely tracking developments across states, institutions and global capitals. The team also leads coverage of major breaking news events, policy announcements, court proceedings, natural disasters, public emergencies and significant international developments. Reports published by the newsdesk are based on information gathered from reporters on the ground, official statements, government agencies, court records, regulatory filings, recognised institutions and other authoritative sources. Stories undergo editorial scrutiny and verification processes to ensure accuracy, fairness and relevance, and are updated as events evolve and additional information becomes available. Whether covering a key political decision in New Delhi, an economic policy shift affecting millions, a landmark court ruling or a major global event, the HT News Desk aims to provide readers with reliable, fact-based journalism that delivers not only the latest developments but also the context and analysis needed to understand their wider implications.Read More

Get the latest India News, breaking headlines and real-time updates from across the country. Stay informed about politics, government policies, crime, weather and major national developments.