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Supreme Court of India 2022-10-17 partly_allowed

MANOJ KUMAR TIWARI vs MANISH SISODIA & ORS

Bench: 2 — S. Abdul Nazeer, V. Ramasubramanian

In Brief

Two appellants challenged a Magistrate's order summoning them for criminal defamation against Manish Sisodia, then Delhi Deputy Chief Minister. One appellant (Manoj Tiwari, A-1) argued the private complaint violated special procedures for public servants. The other (Vijender Gupta, A-5) further contended his tweets were not defamatory per se. The Supreme Court held that public servants may file private complaints under Section 199(6) without following the special procedure under Section 199(2)-(4)—both remedies are parallel, not exclusive. Additionally, Gupta's statement that answers to questions would 'disclose scams' was too vague and general to constitute actionable defamation. Tiwari's appeal was dismissed; Gupta's was allowed and the summoning order against him was set aside.

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Criminal Procedure Defamation Freedom of Expression Public Servants and Prosecutors Constitutional Law Evidence

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