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order; and the asseveration on the part of the petitioners is
that freedom of thought and expression cannot be scuttled or
abridged on the threat of criminal prosecution and made
paraplegic on the mercurial stance of individual reputation
and of societal harmony, for the said aspects are to be treated
as things of the past, a symbol of colonial era where the ruler
ruled
over
the
subjects
and
vanquished
concepts
of
resistance; and, in any case, the individual grievances
pertaining to reputation can be agitated in civil courts and
thus, there is a remedy and viewed from a prismatic
perspective, there is no justification to keep the provision of
defamation in criminal law alive as it creates a concavity and
unreasonable restriction in individual freedom and further
progressively mars voice of criticism and dissent which are
necessitous for the growth of genuine advancement and a
matured democracy.
2.
The structural architecture of these writ petitions has a
history, although not in any remote past, but, in the recent
times. In this batch of writ petitions, we are required to dwell
upon the constitutional validity of Sections 499 and 500 of
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