RSS members entitled to file defamation complaint on its behalf: SC

New Delhi, March 26

A member of the Rashtriya Swayamsevak Sangh (RSS) can file a defamation complaint against a news organisation for allegedly defaming the organization, the Supreme Court has held.

A Bench led by Justice Dinesh Maheshwari on Friday upheld a Kerala High Court verdict on the issue, saying it didn’t warrant interference by the top court.

It dismissed a petition filed by Mathrubhumi Printing and Publishing Co. Ltd. challenging the high court’s order that said as the RSS was a definite and identifiable body, its members had the locus standi to file a complaint against articles defaming the organization.

“When an article is published in a newspaper containing imputations meant to harm the reputation of Rashtriya Swayamsevak Sangh (RSS), a complaint by an individual member of RSS is maintainable under Explanation 2 to Section 499 of IPC. It is not necessary that the imputations in the article individually affected the reputation of the complainant,” the HC had said.

The petitioners wanted quashing of proceedings pending before the Additional Chief Judicial Magistrate (Economic Offences) Court, Ernakulam, initiated on a private complaint filed by the RSS State Secretary for allegedly publishing an article that defamed the organization and lowered its reputation in the public.