Anyone calling a government corrupt or unfit cannot be slapped with defamation case, a bench headed by Justice Dipak Misra said.
The Supreme Court on Thursday said defamation cases should not be used as a political counter weapon against critics of governments and stayed non-bailable warrants (NBW) issued against DMDK chief and actor politician Vijayakanth and his wife Premlata in such a matter.
"Anyone calling a government corrupt or unfit cannot be slapped with defamation case," a bench headed by Justice Dipak Misra said.
Pulling up the ruling Jayalalithaa government in Tamil Nadu for resorting to defamation cases against the political rivals for criticising the government on the charge of corruption, the bench sought in two weeks the list of defamation cases filed by the public prosecutors in the state on behalf of chief minister against her critics.
"There has to be tolerance to criticism...defamation cases cannot be used as a political counter weapon. Cases for criticising the government or bureaucrats create a chilling effect," the court also said.
The penal provision on defamation (section 499 and 500 of the IPC) should not be used to "throttle dissent," the bench said, adding that the court must step in, if there are continuous efforts to harass persons by filing a number of defamation cases.
The bench told the counsel for Tamil Nadu government that there should not be abuse of defamation provisions.
A Tirupur trial court had issued a non-bailable warrant against Vijayakanth and his wife on Wednesday, after they failed to appear before the court with regard to the defamation case against them.
The case lodged by Public Prosecutor of Tirupur district was on the allegation that they made false remarks against Jayalalithaa and criticised the functioning of the State government on November 6, 2015.
Earlier, the apex court had issued notice to Jayalalithaa on a plea by Vijayakanth seeking stay on proceedings on a criminal defamation case filed against him through public prosecutor.
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