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Supreme Court Stays The Wire Defamation Trial, Says Time Has Come to Decriminalise

The signal departs from the court’s 2016 ruling that upheld criminal defamation under the penal code.

Overview

  • A bench of Justices M.M. Sundresh and Satish Chandra Sharma issued notice on pleas by the Foundation for Independent Journalism and deputy editor Ajoy Ashirwad Mahaprastha and paused the magistrate trial.
  • Justice Sundresh’s remark about decriminalisation was an oral observation, not a ruling, and defamation remains a criminal offence under Section 356 of the Bharatiya Nyaya Sanhita.
  • The petitions contest fresh summons in a case filed by former JNU professor Amita Singh over a 2016 article, after a 2017 summons, a 2023 High Court quashing, a 2024 Supreme Court remand, and a May 2025 High Court affirmation.
  • The court directed that the matter be tagged with other pending defamation cases, including those involving Rahul Gandhi, for a consolidated hearing.
  • The complaint alleges the article falsely implied Singh authored a JNU dossier that harmed her reputation, and Senior Advocate Kapil Sibal appeared for the petitioners supporting reform.