38.6c New Delhi, India, Thursday, July 17, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Supreme Court Backs Homebuyers’ Right to Peaceful Protest, Quashes Defamation Case [Read Judgment]

By Jhanak Sharma      21 April, 2025 01:55 PM      0 Comments
Supreme Court Backs Homebuyers Right to Peaceful Protest Quashes Defamation Case

NEW DELHI: The Supreme Court on Thursday quashed a defamation complaint filed against the homebuyers for putting up a poster raising their grievances against the real estate developer in 2016, finding that the manner of the protest resorted to was peaceful and orderly and without in any manner using offensive or abusive language.

"A right to protest peacefully without falling foul of the law is a corresponding right, which the consumers ought to possess just as the seller enjoys his right to commercial speech. Any attempt to portray them 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," a bench of Justices K V Vishwanathan and N Kotiswar Singh said.

On a plea by Shahed Kamal and others against Bombay High Court's order refusing to quash the summons against them, the bench said, it could not be said that the appellants crossed the 'Lakshman Rekha' and transgressed into the offending zone.

"Their case wholly falls within the sweep, scope and ambit of exception 9 to Section 499. Their peaceful protest is protected by Article 19(1)(a) (b) and (c) of the Constitution of India. The criminal proceedings levelled against them, if allowed to continue, will be a clear abuse of process," Justice Vishwanathan wrote in a 32-page judgment on behalf of the bench.

The court set aside the judgment and order of June 10, 2024 in passed by the High Court and quashed the complaint pending before Metropolitan Magistrate Court, Borivali, Mumbai and the summons issued on October 4, 2016 under Section 500 read with Section 34 of the IPC.

The bench said, one of the tests to decide whether the case falls within the 9th exception is the choice of words employed in the publication.

"What is significant, therefore, that in a given case, the language employed could be a clear pointer to decide whether the accused in the case has exceeded his privilege. We have already found that the appellants could not have said anything less in the poster/banner as they believed that this was rightful and legitimate to highlight their grievances, which they contend were ignored earlier," the bench said.

The complaint was filed by M/s A Surti Developers Pvt Ltd against the homebuyers for the banner put on August 10, 2015.

The bench said, homebuyers and developers have not always been the best of friends. Instances are innumerable where the two have been at daggers drawn. This case presents one such instance.

Not satisfied with the services provided by the respondent-developer and when, according to them, repeated entreaties did not elicit a response, the appellant-home buyers decided to resort to a unique form of protest, the court said.

The banner raised the grievances in respect of not forming the society even after 18 months, not giving society accounts, not co-operating with the residents, not attending to builders’ defects, not sorting water issue, poor lift maintenance, leakage problem, plumbing issues, dirty/bouncy approach road, broken podium, shabby garden, ignoring grievances and noncooperation. There is a caption “we protest for our rights”.

The bench, however, said, "What strikes us is that there is no foul or intemperate language employed against the respondent. There is no reference to any expression like “fraud, cheating, misappropriation etc.”"

In mild and temperate language, certain issues, which the appellants perceived as their grievances have been aired, the bench said.

"The careful choice of the words, the conscious avoidance of intemperate, rude or abusive language and the peaceful manner of protest, all point to the fact that to protect their legitimate interests and the interest of the other homeowners and without any malice and in good faith the erection of the banner was done," the bench said.

[Read Judgment]



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

sc-comes-down-heavily-on-use-of-offensive-language-in-social-media
Trending Judiciary
SC comes down heavily on use of offensive language in social media

SC slams use of abusive language on social media; warns petitioner over objectionable posts on PM Modi, RSS, says state free to act if conduct continues.

16 July, 2025 03:30 PM
sc-declines-plea-for-premature-release-of-convict-in-triple-murder-linked-to-terror-act
Trending Judiciary
SC declines plea for premature release of convict in triple murder linked to terror act

SC refuses premature release of triple murder convict linked to terror; allows challenge to J&K remission policy in pending case.

16 July, 2025 03:35 PM

TOP STORIES

s-31-of-dv-act-not-to-apply-for-breach-of-maintenance-order-ktka-hc
Trending Judiciary
S 31 of DV Act not to apply for breach of maintenance order: Ktka HC [Read Order]

Karnataka HC rules Sec 31 of DV Act applies only to protection orders, not maintenance breaches under Sec 20; sets aside woman’s plea against husband.

12 July, 2025 06:06 PM
plea-in-sc-seeks-stay-on-order-to-display-qr-code-for-eatery-owners-on-kanwar-yatra-route
Trending Judiciary
Plea in SC seeks stay on order to display QR code for eatery owners on Kanwar Yatra route

Plea in SC seeks stay on UP-Uttarakhand order mandating QR codes to reveal eatery owners’ identity along Kanwar Yatra route, citing privacy violation.

12 July, 2025 06:15 PM
on-scs-rebuke-cartoonist-agrees-to-delete-objectionable-posts-on-pm-rss
Trending Judiciary
On SC's rebuke, Cartoonist agrees to delete objectionable posts on PM, RSS

SC slams cartoonist Hemant Malviya for objectionable post on PM Modi, RSS; he agrees to delete it after court questions his inflammatory conduct.

14 July, 2025 04:06 PM
trying-best-but-nothing-much-can-be-done-centre-to-sc-on-kerala-nurses-execution
Trending Judiciary
Trying best but nothing much can be done, Centre to SC on Kerala nurse's execution

Centre tells SC it tried through private channels to save Kerala nurse Nimisha Priya from Yemen execution, but says “nothing much can be done”.

14 July, 2025 04:11 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email