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Informist, Thursday, Apr. 17, 2025

 

NEW DELHI – The Supreme Court Thursday said holding of peaceful protests by homebuyers or consumers against builders does not amount to defamation under the Indian Penal Code. Peaceful protest is protected by the right to freedom of speech and expression, the freedom to assemble peacefully and without arms, and freedom to form associations or unions under the Constitution, the court said.

 

A bench of Justice K.V. Viswanathan and Justice N.K. Singh said the right to protest peacefully without falling foul of the law is a corresponding right which consumers ought to possess, just as sellers enjoys their right to commercial speech. Any attempt to portray such protests as criminal offences, when the necessary ingredients are not made out, would be a clear abuse of process and should be nipped in the bud, the court said.

 

The apex court quashed the summons issued by the metropolitan magistrate's court at Borivali in Mumbai against homebuyers on a defamation case filed by Surti Developers Pvt. Ltd. and closed the case against the petitioners. "We find that the manner of the protest resorted to by the appellants (homebuyers) was peaceful and orderly without in any manner using offensive or abusive language," said the top court. It could not be said that the homebuyers crossed the "Lakshman Rekha" and transgressed into the offending zone, said the court. Their case falls wholly within the sweep, scope, and ambit of exception 9 to Section 499 of the Indian Penal Code, it added.

 

The court said peaceful pamphleteering has been held to be a form of communication protected by the First Amendment in the US. "It has been held that by such peaceful activities the effort was to influence the conduct of the respondent and such activities ought not to be injuncted," said the apex court, quoting a judgment from the US.

 

The case has its genesis from homebuyers resorting to a peaceful protest after being dissatisfied with the services provided by Surti Developers. The homebuyers erected a board visible to the public at large which stated, "We protest against the builder Surti Developers Pvt. Ltd. for not forming the society even after 18 months, not giving society accounts...." The developer sued the homebuyers for defamation in the magistrate's court. Challenging the summons by the metropolitan magistrate, the homebuyers moved the Bombay High Court, but got no relief there.  End

 

Reported by Surya Tripathi

Edited by Rajeev Pai

 

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