NEW DELHI: The Supreme court on Friday dismissed a special leave petition challenging a Kerala High court order where it had observed that a complaint filed by the state secretary of the Rashtriya Swayamsevak Sangh (RSS) against a news organisation for an alleged defamatory article towards the RSS is tenable under section 499 of the Indian Penal Code, 1860.
A bench comprising Justice Dinesh Maheshwari and Justice Aniruddha Bose dismissed the plea by Mathrubhumi Printing and Publishing Co. Ltd and others stating that on perusal of the record, they did not find any reason to entertain this petition under Article 136 of the Constitution.
The Kerala High court order passed by Justice Sophia Thomas had dismissed the petition on January 7. The judgement of the Kerala High court was delivered on the petition filed by the newspaper and nine other persons to quash the proceedings initiated before Additional Chief Judicial Magistrate (economic offences).
The State Secretary of the RSS had alleged that the article published by the newspaper contained imputations, which were defamatory and misleading, lowering the reputation of RSS. It was also alleged by him that the article published was capable of promoting enmity between different groups on the grounds of religion, prejudicial to communal harmony.
The petitioner's main contention was that the State Secretary of RSS has no locus standi to represent the organization.
“The de facto complainant/1st respondent claims to be the State Secretary of RSS and that fact is not disputed by the petitioners. Even if the petitioners have any challenge regarding the membership of the complainant in RSS, they are at liberty to make that plea before the trial court.” The high court order reads.
“Since Rashtriya Swayamsevak Sangh (RSS) is a definite and identifiable body as held by the High Court of Allahabad and asserted by the Apex Court vide decisions cited supra, the contention of the petitioners that the 1st respondent has no locus standi to maintain a complaint under Section 500 of IPC is not tenable. So this Crl.M.C is liable to be dismissed.” It added.