SC dismisses BJP plea against quashing defamation case on Telangana CM

The Supreme Court on Monday dismissed a plea filed by the BJP's Telangana unit challenging a high court order which quashed a defamation case against Chief Minister A Revanth Reddy over his speech during the 2024 Lok Sabha poll campaign.

A bench of Chief Justice of India (CJI) B R Gavai and Justices K Vinod Chandran and Atul S Chandurkar said it was not inclined to interfere in the matter.

"We are time and again saying don't use this court for political battles. Dismissed. If you are a politician, then you should have a thick skin," the bench observed.

On August 1, the Telangana High Court acted on Reddy's plea seeking quashing of the proceedings in the case pending in a Hyderabad trial court.

The BJP's Telangana unit, represented by its general secretary, filed a complaint in May 2024 against Reddy, alleging that he delivered a defamatory and provocative speech against the party.

Reddy, it alleged, connived with the Telangana Congress to develop a fake and dubious political narrative that the BJP would end reservations if it is voted to power.

The complainant claimed that the alleged defamatory speech lowered the BJP's reputation as a political party.

A trial court said in August last year that a prima facie case was made against Reddy for the alleged offences of defamation under the erstwhile Indian Penal Code and under Section 125 of The Representation of the People Act, 1951.

Section 125 of the Act deals with promoting enmity between classes in connection with election.

Reddy challenged the trial court order in the high court, contending that the allegations in the complaint do not make a prima facie case against him. He argued that political speeches cannot be made a subject matter of defamation.

The high court subsequently noted, "Even if this court were to accept that the complainant is a part of the national unit of the Bharatiya Janata Party and may be treated as a member of the Bharatiya Janata Party, the complaint is not maintainable for the lack of authorisation."  It said neither the complainant nor its representative was authorised by the national unit of the BJP to file the complaint.

The high court agreed with Reddy's contention that in the case of political speeches, the threshold to allege defamation and maintain a complaint under Section 199 of the CrPC should be much higher.

"Political speeches are often exaggerated. To allege that such speeches are defamatory is another exaggeration," the high court said.

While allowing Reddy's plea, the high court quashed the trial court order and the proceedings arising out of the case.