The High Court referred to Explanation 4 to Section 499 IPC, which requires that an alleged imputation must lower the moral or intellectual character, professional character or credit of a person in the estimation of others for it to amount to defamation

In separate replies filed before the High Court, the police also argued that the fresh bail pleas were not maintainable in view of the Supreme Court's January 5 order, which had rejected bail for Khalid and Imam while granting relief to five other accused in the case