Protection to public servants

Calling public servants a “different class”, the Supreme Court has upheld the validity of a provision in the Cr.PC allowing them to file a complaint in a sessions court through a public prosecutor for alleged defamatory comments on their official acts.

Details:

• With this, the court rejected demands to strike down Section 199(2) to (4) of the Cr.PC. The court rejected the argument that this section creates a separate class.
• It also dismissed the contention that the classification enumerated in this provision has no rationale and does not bear constitutional scrutiny.

Observations made by the court:

• This provision makes it clear that a public servant is entitled to file a complaint through the public prosecutor in respect of his conduct in discharge of public functions. Public functions stand on a different footing. The provision gives them protection for their official acts. There cannot be defamatory attacks on them because of discharge of their due functions. In that sense, they constitute a different class.
• Also, one is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack. And hence this right of a public servant to file a defamation complaint is over and above his or her right under Section 199 (6) to personally file a complaint before a Magistrate.