Anarchy will prevail if law junked: Centre

R Sedhuraman

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Legal Correspondent

New Delhi, July 23

The Centre today contended in the Supreme Court that anarchy would prevail in the country in the absence of legal provisions for launching criminal proceedings against those making wild allegations, damaging the reputation of individuals particularly those in public life.

Attorney General Mukul Rohatgi made the submission while opposing the plea by nearly 25 writ petitioners for scrapping sections 499 and 500 of the IPC which defined the offence as a criminal act and provided for award of jail terms ranging from a few days to two years. He was arguing before a Bench comprising Justices Dipak Misra and PC Pant.

Among the petitioners against these two sections are Congress vice-president Rahul Gandhi, Delhi Chief Minister Arvind Kejriwal, BJP leader Subramanian Swamy, business honchos and journalists.

Rohatgi said the provisions under civil laws for proceeding against those hurling abuses against reputed persons and public personalities were ineffective as the cases dragged on for years. The AG’s argument was in response to the petitioners’ contention that there was no need for these two sections as the aggrieved persons had remedy under civil laws.

The AG said asking for doing away with Sections 499 and 500 amounted to seeking freedom to damage reputations assiduously built over several years by making reckless allegations, particularly through the social media such as Twitter and Facebook that delivered these to millions of people across the globe within a split second.

Rohatgi also rejected the petitioners’ plea that the sections were against the fundamental right to freedom of speech and expression guaranteed under Article 19 of the Constitution.