The Supreme Court on Wednesday agreed to list an application seeking de-tagging of the criminal defamation proceedings involving The Wire and journalist Ajoy Ashirwad Mahaprastha from the connected Rahul Gandhi defamation matter, besides seeking vacation of the ex-parte stay operating in the case.
A Bench of Justice M.M. Sundresh and Justice Prasanna B. Varale heard applications filed in the proceedings arising out of the criminal defamation complaint instituted by former Jawaharlal Nehru University professor Dr. Amita Singh against The Wire and its Deputy Editor Ajoy Ashirwad Mahaprastha.
Advocate Arindam Bhardwaj sought de-tagging from Rahul Gandhi’s case and vacation of the ex-parte stay. Senior AdvocateDr. Abhishek Manu Singhvi, appearing virtually opposed to detagging, submitted that the matters should be heard together since both matters involve a question relating to the requirement of pre-cognizance notice to an accused under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Opposing the continued tagging, the applicants pointed out that the summoning order in Rahul Gandhi’s case is from 2025, whereas the The Wire proceedings originate from a 2016 complaint, with the original summoning order having been passed in 2017.
The applicants further emphasised the age of the complainant and the prolonged pendency of the proceedings. It was submitted that Dr. Amita Singh is now 70 years old, while her criminal defamation complaint has remained pending for nearly a decade.
They accordingly urged the Court not only to de-tag the matter and vacate the ex-parte stay but also to list the appeals for final hearing.
The matter was directed to be heard on a date to be fixed by the Court.
Background of the Defamation Case
Dr. Amita Singh instituted the criminal defamation complaint in 2016 over an article published by The Wire concerning a dossier relating to alleged activities at JNU. The complaint was filed against The Wire, its Editor Siddharth Bhatia and Deputy Editor Ajoy Ashirwad Mahaprastha, alleging that the publication had damaged her reputation. The trial court had issued summons in January 2017.
The Delhi High Court subsequently quashed the summoning order in 2023, holding that the article did not, on its face, contain a defamatory imputation against Singh. However, the Supreme Court in July 2024 set aside the High Court’s decision, holding that the High Court had gone into the merits of the allegations while exercising its jurisdiction, and remitted the matter for fresh consideration.
Following the remand, fresh summons were issued, which were challenged before the Delhi High Court. The High Court declined to interfere with the proceedings in May 2025, following which The Wire‘s publisher, Foundation for Independent Journalism, and Mahaprastha approached the Supreme Court.
On September 22, 2025, the Supreme Court issued notice on their petitions and stayed further proceedings in the criminal complaint pending before the JMFC-02, Patiala House Courts, New Delhi. The matter was tagged with Rahul Gandhi’s criminal defamation proceedings concerning his remarks about the Indian Army during the Bharat Jodo Yatra in December 2022. Rahul Gandhi had challenged the summoning order before the Allahabad High Court, which declined to interfere, following which he approached the Supreme Court.
The tagging issue had earlier come up for mention before a Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana on September 9.
At that stage, the court had asked them to move appropriate application for vacation of stay.