SC hears Hindu plea, refers to Statute panel

In the realm of the right of free speech, these two comments are to be judged by entirely different standards. Section 499 treats equally two entirely unequal subject matters, Salve said. At this, Justice Sabharwal said that the provision has stood the test of time — 130 years pre-Constitution and 53 years post-Constitution. Salve pointed out that in pre-Independence days, the idea of protecting officials was different than it is now. To attract the penal provision, a public servant should prove the publication has harmed his reputation, was false, had reckless disregard for truth and was done maliciously.

Criticism of a public servant in public good is vital in a democracy and only the truth is the defence, the counsel contended. Sabharwal, adjourned the matter to next Monday asking the counsel to file relevant case law in this regard.