Someday ago Indian supreme court 5 judges bench in the leadesrhip of Chief Justice of India Mr Deepak Misra gave a order to Gujarat High Court not to proceed further with the criminal defamation case filled by Jay Shah against a Indian news Portal The wire.in but the question is that what this case is all about 8 october report which which was published in english and Hindi language on 8 October 2017 wire.in website by there correspondent Rohini Singh which was on Mr Jay Shah Company Mr Jay Shah is the son of Son of Sh. Amit Shah who is the President of Bhartiya Janta Party who was the rule the report was all about that after 2014 the assets of jay shah company turnover increased by 16000 times don't worry it doesn't became wealthiest company in 2014 company turnover was 50,000 which was Increased to 80 crore Rupees and the evidence of the report was the figures which was given by the Registrar of Companies it is a government department comes under Ministry of Corporate Affairs so one can understand that there all figures are very much true but what they got in return jay shah filled both Civil and Criminal Defamation of Rs 100 crores and it was also stated in that if any other newspaper or news channel publishes and shows this report they will also come in this case and we also file a case against them that is why some big newspaper didn't published this report but the regional and local newspapers showed courage and published this news in there columns and what the shocking news is that our attorney general of India was the lawyer of Jay shah which was very strange but off course that is not illegal i must say . see the turnover was 80 crores and the defamation claim is 100 crores it makes no sense and who were those who came into this it was Rohini Singh and all the Three Founding Editors of Wire who were Siddharth Vandrajan, Guatam Bhatia and MK Venu The story title was "The Golden Touch of Jay Amit Shah" the wire is saying that we have presented only facts and we haven't said anything that proves that we are defaming someone but i haven't read that report so i can't tell much but now wire is at big relief that Criminal Defamation is withdrawn but i am not aware about the civil defamation.
But the question is that is it right to send the criminal defamation notice let us go back in year 1964 to see a example of case which was
The American Initiative 1964
In year 1964 there was a newspaper in America (I will not tell the name) published an advertisement of the civil rights movement that showed that how the administration and government of the that time was oppressing those people who were fighting for the blacks in the nation and the result of that was a police commissioner (I will not tell the name) filled a Criminal Defamation against that newspaper and after some months the decision came which shocked that police commissioner because court said that "you cannot file a criminal defamation against anyone on the grounds that he/she said or published something which you don't like even it has some corrections to do ". this chapter speaks a lot what we all are saying
In many countries the government has scrapped this criminal defamation and in some countries in African continent this law is near to end but unfortunately it was surviving in India and many believe that it has became a tool against freedom of speech and freedom of Press which i think is true and there is a need to scrape this law recently we have seen many politicians who are openly advocating the scrap this law of criminal defamation. From many years we are watching the corporate filling the defamation cases against the politicians as well just like recently a Businessman of India filled 5000 crore Rs Defamation of an MP for alleging his involvement in a scam i am mean 5000 crores defamation are you serious
See no one is against civil defamation because if someone files this civil defamation he can claim charges from the one against whom you have filled this and i believe this is a best way to practice your rights i know that no one have any right to defame you and we should not give excess powers to Journalist otherwise it is 100% sure that they will publish truth but by crossing all the limits of shame and that is not journalism and you also don't have a right to hand over a legal notice to someone who is saying truth because Law means truth and that is why the slogan of Judiciary is " Satyamev Jayate" means Truth Prevails
press is a 4th pillar of Indian Democracy and we should do our work by being into the limits and i believe that it is to be done and our main priority should be to take this law back because i have listened many of the journalists and editors of different news channel and magazines speaking against Criminal Defamation because they have faced cases and losses because they published and show truth which is the reality of what we call Journalism.
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