Supreme Court Stays Trial in Defamation Case by Ramesh Bidhuri Against TV Today Network

The Supreme Court of India today intervened to halt the trial in a criminal defamation case brought by BJP leader Ramesh Bidhuri and his nephew Rajpal Poswal against TV Today Network Ltd., the media company that owns Aaj Tak and the India Today group. A bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan granted an interim stay of proceedings in the trial court, pending further orders, after noting that the next hearing before the Metropolitan Magistrate was scheduled for October 16, 2026. The order provides immediate relief to the media house, which had challenged a Delhi High Court judgment refusing to discharge it from the case.

The stay was issued while allowing Bidhuri and Poswal time to file counter affidavits by December 2026. The Supreme Court listed the matter for further hearing in December, effectively freezing the trial until then. The petition by TV Today Network Ltd. raises a fundamental legal question: whether a company can be held criminally liable for defamation under Section 499/500 of the Indian Penal Code, particularly when the alleged defamatory content was aired over a decade ago.

The Defamation Complaint and Its Origins

The dispute traces back to a news broadcast aired in 2011 concerning a gang rape and abduction case. The telecast identified an individual described as the brother-in-law of Bidhuri's nephew, Rajpal Poswal. At the time, Ramesh Bidhuri was an elected MLA from the Tughlakabad constituency in Delhi. The broadcast criticized alleged police inaction in arresting the named individual, noting that his co-accused had already been taken into custody.

Bidhuri and Poswal subsequently filed criminal defamation complaints, alleging that the telecast was malicious, misleading, and intended to tarnish their reputation before the public. The complaints led to the issuance of summons by a Metropolitan Magistrate in 2014. TV Today Network Ltd. and its officials were arrayed as accused. The company moved for discharge, arguing that the allegations did not constitute defamation and that a company, being a juristic entity, could not be prosecuted for an offence requiring mens rea in the same manner as an individual.

The Delhi High Court’s November 2025 Ruling

The case reached the Delhi High Court after the trial court rejected TV Today’s discharge applications. In November 2025, a single judge of the High Court dismissed the petitions challenging that rejection. The High Court held that the Metropolitan Magistrate did not possess the power to discharge an accused in a summons triable case. It observed that TV Today had not challenged the summoning order issued on September 20, 2014, and therefore, the question of discharge could not be entertained.

Crucially, the High Court rejected the argument that the Magistrate could invoke inherent jurisdiction under Section 251 of the Code of Criminal Procedure, 1973, to drop proceedings at the stage of framing of notice. The court stated that Section 251 “does not empower a Magistrate to undertake a mini-trial or evaluate defences on merits at that stage.” According to the High Court, the stage for consideration of such defences would arise only when evidence is led. This interpretation effectively closed the door for pre-trial dismissal of the case, forcing the media company to face trial unless it could secure relief from a higher forum.

Supreme Court’s Interim Intervention

Before the Supreme Court, senior counsel for TV Today Network Ltd. argued that the continuation of trial would cause irreparable prejudice, especially given the legal question about corporate criminal liability in defamation. The bench took note of the urgency, as the trial court was set to proceed on October 16, 2026. In a brief order, the Supreme Court stated: “Learned senior counsel for the petitioners submitted that the next date before the trial court is October 16, 2026. In these circumstances, there shall be a stay of further proceedings in CC No. 624318 of 2026 until further orders. List in December.”

The stay effectively suspends all proceedings before the Metropolitan Magistrate, providing breathing room for the media house to argue its discharge plea on merits. The court also directed the complainants—Bidhuri and Poswal—to file their counter affidavits by December 2026, ensuring that the matter will be heard on its legal substance before the trial can resume.

Legal Analysis: Corporate Liability for Defamation

The core issue in the Supreme Court petition is whether a company can be made an accused in a criminal defamation case. Indian law, under Section 499 IPC, defines defamation as an act of making or publishing any imputation concerning a person with intent to harm reputation. The offence requires a guilty mind—mens rea—which a company, as an artificial legal entity, cannot possess in the same way as a natural person. However, courts have imputed criminal liability to corporations through the doctrine of vicarious liability, often requiring that the offending act be performed by a human agent acting on behalf of the company.

In this case, TV Today Network Ltd. contends that it cannot be prosecuted simply because its broadcast arm aired a report. The company argues that the imputation, if any, was made by individual journalists or editors, and that the corporate entity itself did not have the requisite intent. The Supreme Court’s eventual ruling could clarify the extent to which media companies are exposed to criminal defamation proceedings for editorial content.

Another significant legal point is the scope of Section 251 CrPC. The Delhi High Court’s interpretation that a Magistrate cannot conduct a mini-trial at the stage of framing of notice has been a longstanding position. However, some Supreme Court judgments have carved out exceptions where the allegations, even if taken at face value, do not make out an offence. TV Today may argue that the broadcast, which criticized police inaction and mentioned the nephew, does not impute a crime to Bidhuri or Poswal personally. The stay allows the Supreme Court to examine whether the High Court’s rigid application of Section 251 was correct.

Impact on Media and Defamation Law

This case has attracted attention from media law practitioners and news organizations. If the Supreme Court ultimately holds that a media company cannot be prosecuted for defamation in the absence of specific intent on the part of its corporate leadership, it would provide significant protection to news outlets against frivolous defamation complaints. Conversely, if the court upholds the Delhi High Court’s view, media houses may face greater exposure to criminal proceedings for content aired by their employees.

The stay also underscores the Supreme Court’s willingness to intervene when a legal question of general public importance arises. The case involves the balance between the right to reputation under Article 21 of the Constitution and the freedom of speech and expression under Article 19(1)(a). While defamation laws exist to protect reputation, the media’s role in reporting on matters of public interest, such as police inaction in a gang rape case, must also be safeguarded.

For legal practitioners, the case offers a fresh opportunity to argue the boundaries of corporate criminal liability and the procedural safeguards available to accused persons at the pre-trial stage. The Supreme Court’s decision on the discharge petition will likely influence how lower courts handle similar applications in summons triable cases.

Looking Ahead

The Supreme Court has listed the matter for December 2026, giving both sides time to file comprehensive submissions. The interim stay ensures that the trial does not proceed in the meantime. The outcome will be closely watched by media companies, politicians, and criminal law experts alike. If the court agrees with TV Today Network Ltd. that a company cannot be made an accused in a defamation case without specific allegations of mens rea against its directors or officers, it could set a precedent that limits the scope of criminal defamation against corporate entities.

Until then, the trial remains frozen, and the legal debate over the intersection of reputation, media freedom, and corporate liability continues.