emphasize that freedom of speech, while a fundamental right,
does not grant individuals the license to inflict harm or tarnish
the reputation of others. This distinction becomes particularly
pertinent when grappling with the court’s dilemma of striking a
balance between the cherished value of free expression and the
equally essential need to protect an individual's reputation.
46.
Thus, a Court, while weighing the value of reputation of one
party and freedom of expression of the other, has to keep in mind that
in a democratic setup, a person who is complainant in such cases may
be vulnerable in a given set of circumstances in face of his
competing interest with that of the accused. The principle of equal
protection under the law mandates that the courts consider the plight
of every individual, regardless of their societal status. In rendering
equal protection, the court must balance the right of free speech
with the need to prevent unjust harm to reputation. The
injurious falsehood of a statement will definitely invite
defamation and loss of reputation.
47.
Whether a person has achieved great heights in society, or
finds himself marginalised considering himself as the last and
least in terms of access to Court of law to fight for safeguarding
his reputation, their right to fair treatment and protection from
unwarranted harm remains paramount before any Court of law
while adjudicating. This approach and duty becomes more
critical when the complainant may be pitted against a person
who may have more power, influence and followers.
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
Page 32 of 50
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents