Today, the Supreme Court rejects a 2014 criminal defamation case against Jaideep Bose, the Editorial Director of Bennett Coleman and Co Ltd, the publisher of the Times of India.

The Court also terminated the proceedings against the co-accused, Nergish Sunavala, Swati Deshpande, and Neelam Raj, who were serving as correspondents and editors at the Times of India at the time.

The Supreme Court overturned both the Karnataka High Court's order and the Magistrate's decision that had summoned the accused in the defamation case filed by M/s Bid And Hammer Auctioneers Private Limited.

The case stemmed from an article published in a newspaper, which suggested that counterfeit artworks were being auctioned.

By an order dated June 18, 2024, Justice N S Sanjay Gowda of the High Court declined to quash the proceedings initiated under Sections 499 and 500 of the Indian Penal Code.

This decision was later challenged before a bench of Justices J.B. Pardiwala and R. Mahadevan, who remarked:

"The complainant failed to produce any witness to prima facie establish and alleged imputation has lowered their reputation in the estimation of others. In the present case, the auction was conducted on 27-6-14 and the Magistrate after merely reviewing the complainant's statement proceeded to issue summons. Thus, the Magistrate's order clearly suffers from procedural irregularities...No material has been placed before us to suggest that the auction was unsuccessful or that any damage or loss was actually caused due to the alleged news articles published in the newspapers...examination of witnesses before issuance of summons would serve no useful purpose given remote likelihood of securing witnesses. It only prolonged the litigation yielding little to no benefit especially since the auction has already concluded and more than a decade has passed...We are now inclined to quash the order passed by the High Court as well as issuance of summons by the Magistrate. Consequently, the criminal proceedings initiated against Appellants are also liable to be quashed."

The order authored by Justice Mahadevan added: "Before parting, we find it necessary to emphasise that right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution is paramount. At the same time, it is reiterated that those working in media, particularly in key positions must exercise utmost precaution and responsibility before publishing any statement, news or opinion. The power of media in shaping public opinion is significant and the press possesses the ability to influence public sentiments and alter perceptions at a remarkable speed."

Case Details: JAIDEEP BOSE v.M/S BID AND HAMMER AUCTIONEERS PRIVATE LIMITED|SLP(Crl) No. 10212/2024 and connected cases