Defamatory remarks in the Parliament against political opponents is not a crime : Supreme Court

(Credits : India Today)

New Delhi – The Supreme Court clarified while hearing a petition that ‘Making defamatory statements in the Parliament against political opponents is not a crime’. The Supreme Court noted this while hearing a case against Jharkhand Mukti Morcha (JMM) MLA Sita Soren on the charges of ‘bribe-for-vote’. The case was being heard before a bench of 7 judges. After 2 days of hearing, the Court has reserved the verdict.

(Credits : News9)

1. Senior advocate Raju Ramachandran, who is appearing for Sita Soren, referred to BJP MP Ramesh Bidhuri’s recent defamatory statement against BSP MP Danish Ali in the Lok Sabha and said that anything related to voting or speech in the Parliament and the Legislative Assembly, be it bribery or conspiracy, is exempt from the judicial action.

2. Attorney General R Venkataramani said that voting for the Rajya Sabha elections has nothing to do with the proceedings of the House. Therefore, the case of Sita Soren receiving a bribe for voting in the Rajya Sabha elections comes under legal purview.

3. Solicitor General Tushar Mehta argued that bribery can never be exempted. Even if the offense relates to a speech or vote in the Parliament or the Legislative Assembly, it is committed outside the House.

MPs and MLAs have full freedom of speech in the House

A petition filed in the Supreme Court demanded that ‘No action, including defamatory remarks made in the Parliament and the Legislative Assembly, should be exempted from the law; so that penal laws can be applied to those who do so as a criminal conspiracy’. The Court observed that ‘Legal action cannot be taken against MPs and MLAs if they say anything in the House. Members of Parliament and Legislative Assembly have complete freedom of speech in the House’.