Not defamation if homebuyers peacefully protest against builders, SC holds

The Supreme Court on Thursday held homebuyers have a right to protest peacefully against builders for their grievances and it doesn't amount to defamation.

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A bench of Justices K V Viswanathan and N Kotiswar Singh said any attempt to portray it as a criminal offence, sans necessary ingredients, would be a clear abuse of process and ought to be "nipped in the bud".

"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," the bench said.

The observation came when the bench quashed a criminal defamation case against homebuyers for erecting banners being dissatisfied with the services of the developer.

"We find that the manner of the protest resorted to by the appellants was peaceful and orderly and without in any manner using offensive or abusive language. It could not be said that the appellants crossed the lakshman rekha and transgressed into the offending zone," the bench said.