Section 499 & Section 500 IPC & S.199 (2) of Crpc will now be tested on @Swamy39 petition by SC for Constitution Validity.

The Supreme Court on Thursday stayed proceedings in five criminal defamationcases filed against BJP leaderSubramanian Swamy by AIADMKsupremo J Jayalalithaa and issued notice to Centre and the former Tamil Nadu Chief Minister.

A bench of Justices Dipak Misra and U U Lalit also sought response from the Centre on Swamy's plea for scrapping the provisions for criminal defamation in penal laws.

Swamy submitted that the provisions for criminal defamation contained in Sections 499 and 500 IPC, travel beyond the restriction clause enshrined under Freedom of Speech and Expression granted under the Constitution.

"In a democratic body polity, public opinion, public perception and public criticism, are the three fundamental pillars to guide and control the executive action and, if they are scuttled or fettered or bound by launching criminal prosecution, it would affect the growth of a healthy and matured democracy," the court said while summarising Swamy's contention.

Challenging the provision of criminal defamation, Swamy said the Executive does not permit expression of public opinion by instituting cases of defamation through the public prosecutors by spending the sum from the State exchequer which is inconceivable.

He challenged the validity of Sections 499 and 500 of IPC and Section 199 (2) of Criminal Procedure Code pertaining to criminal defamation. Five defamation cases were filed against Swamy by the state government after the BJP leader had allegedly made some defamatory allegations against Jayalalithaa on social networking site.