Friday, August 7

Rajasthan High Court

The Rajasthan High Court, in Kamlesh Mandoliya v. Vikas Divyakirti, stayed defamation proceedings against Dr. Vikas Divyakirti over alleged derogatory remarks about the judiciary in a viral lecture video. The Ajmer court had summoned him under Section 356 of the Bharatiya Nyaya Sanhita for criminal defamation, rejecting his free speech defense. However, Justice Sameer Jain observed that the comments were made in an academic context and fell within Article 19(1)(a) protections. The High Court halted the trial court’s actions pending further hearing, highlighting the balance between free expression and protecting judicial reputation in the digital era.

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In Practical Solutions Inc. v. State of Telangana, the Supreme Court held that when a High Court refuses to quash an FIR, it cannot indirectly protect the accused from arrest by directing the police to follow procedures like notice under Section 35(3) BNSS (earlier Section 41A CrPC) without proper reasons. The Court said such relief can be granted only after considering the merits and hearing the complainant. Relying on Neeharika Infrastructure (P) Ltd. v. State of Maharashtra, it set aside the High Court’s order and sent the case back for fresh consideration.