The Supreme Court on Friday, August 2, refused to quash the defamation case filed by actor-politician Divya Spandana against Asianet News Network and journalist Vishweshwar Bhat. The news channel had alleged the involvement of the former MP in a cricket betting and spot-fixing scandal.
Divya Spandana filed a case accusing Asianet News of repeatedly mentioning her name and showcasing her photos and videos during the telecast of a programme alleging her involvement in the scandal.
The three-judge bench, comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, upheld the Karnataka High Court's decision, which had previously refused to dismiss the proceedings.
"She (Divya Spandana) has been repeatedly mentioned in the bulletin, how can we quash the order? We cannot entertain this," the bench said, according to Live Law. The Supreme Court noted that the petitioners, Asianet News Network and others, failed to provide evidence demonstrating that any judicial proceedings implicated Spandana in the betting scandal.
Asianet News Network had contested the Karnataka High Court's decision, seeking to quash the criminal defamation complaint under Section 500 of the Indian Penal Code (IPC). The High Court, in its ruling, said that the petitioners did not present any material to substantiate claims of Divya Spandana's involvement in the betting or spot-fixing scandal.
Justice S Vishwajit Shetty, who presided over the High Court case, rejected the argument that the petitioners were protected under the fourth exception to Section 499 of the IPC, which pertains to reporting on judicial proceedings. The court held that without proof of ongoing judicial proceedings involving Spandana, the exception could not be invoked.
The defamation case was filed in 2013 following the news broadcast titled "Betting Queens," which allegedly linked Divya Spandana to the scandal. Following the broadcast, Divya Spandana approached the court and summons were issued to the accused in June 2016.
Reacting to the apex court’s decision, the actor-politician wrote, “Arc of the moral universe is long, but it bends toward justice.”