Mumbai: The Supreme Court on Thursday held that the homebuyers have a right to peacefully protest against builders. The Bench of Justice J B Pardiwala and Kustice K V Viswhwanathan made the observation while quashing a defamation complaint filed by a real estate developer against flat purchasers in Mumbai. The flat owners had challenged the issuance of summons in the defamation case.
"Homeowners as consumers enjoy the right to peaceful protest as it is the right of consumers as builder has the right to free commercial speech," the Supreme Court said today. The Court also said that in a petition seeking quashing of a defamation complaint, a High Court can examine whether the exceptions to the offence of defamation are made out. "We have held that following judgment of our court we have stated that this court can examine if any exception to 499 is applicable even at the stage of section 482 CrPC," the judge said.
The issue arose after M/s A Surti Developers Private Limited filed a defamation case against certain homebuyers alleging that the accused erected the banners/boards in Hindi and English, visible to public at large, containing false, frivolous and defamatory statements against the builder. A Metropolitan Magistrate in 2016 issued process in the defamation case. The Sessions Court and the Bombay High Court later upheld the trial court decision, leading to the present appeal before the top court.
Today, the Supreme Court said no foul or intemperate language was used in the banners put by the aggrieved flat purchasers. "Language is a vehicle of communication and the posters only highlighted the grievance they were facing and the language was carefully chosen by the home owners," the Court opined. The court added it was important to adjudicate if limits were exceeded in the language used.
"We have discussed the right to protest peacefully and this protest was held peacefully and thus the laxman rekha was not crossed and criminal proceedings against them will be an abuse of process. Right to protest peacefully is a right of consumer like the builder has right to free commercial speech. Thus, complaint against homeowners quashed," it ordered.
