JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Certiorari calling for the records pertaining to the G.O.Ms.No.38 Public (Law and Order -H) Department dated 13th January 2012 issued by the 2nd respondent and to quash the same as the same is an abuse of the process of law and is unconstitutional and illegal as it affects the petitioner’s right to freedom of speech and expression and that of the press and media.)

Common Order

1. These batch of writ petitions raises the following questions for consideration:

a) What is meant by Criminal defamation against the State ? What is the statutory criteria required for launching prosecution for criminal defamation under Section 199(2) Cr.P.C through a Public Prosecutor? Whether the same have been satisfied in the cases that have come up for consideration before this court?

b) Under what circumstances, a Public Prosecutor can launch prosecution for defaming a public servant/constitutional functionary in respect of his conduct in the discharge of his/her public functions under Secti