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Supreme Court Signals Openness to Decriminalising Defamation in The Wire Case

The bench issued notice to complainant Amita Singh after The Wire challenged magistrate summons that the Delhi High Court had upheld.

Overview

  • Justices MM Sundresh and Satish Chandra Sharma heard petitions by the Foundation for Independent Journalism and deputy editor Ajoy Ashirwad Mahaprashasta seeking to quash fresh criminal defamation summons.
  • Justice Sundresh remarked that "time has come to decriminalise all this," and the Court issued notice to former JNU professor Amita Singh.
  • Senior advocate Kapil Sibal, appearing for the petitioners, agreed with the Court’s observation calling for reform.
  • The proceedings arise from a 2016 article on an alleged JNU dossier, with a 2017 magistrate summons revived after a Supreme Court remand and subsequently upheld by the Delhi High Court in May 2025.
  • The oral comment contrasts with the Court’s 2016 ruling that upheld criminal defamation, which is now codified under Section 356 of the Bharatiya Nyaya Sanhita.