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Andhra Pradesh High Court
Judges : K.JAYACHANDRA REDDY
Udayam Telugu Daily - Appellant
Versus
State OF A.P. - Respondent
Decided On : 02-24-86
CRIMINAL PROCEDURE CODE - SECTION 199(2) - DEFAMATION - PUBLIC SERVANT EMPLOYED IN CONNECTION WITH THE AFFAIRS OF THE STATE - INTERPRETATION - SCOPE AND APPLICABILITY - ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION - WHETHER A PUBLIC SERVANT EMPLOYED IN CONNECTION WITH THE AFFAIRS OF THE STATE - DETERMINATION - FACTORS TO BE CONSIDERED - CONTROL AND SUPERVISION BY THE STATE GOVERNMENT - AUTONOMOUS BODY - DISTINCTION - PRESS AND REGISTRATION OF BOOKS ACT, 1867 - SECTIONS 5 AND 7 - LIABILITY OF THE CHAIRMAN OF A NEWSPAPER FOR DEFAMATORY STATEMENTS PUBLISHED IN THE NEWSPAPER - EXTENT AND CONDITIONS.
Fact of the Case:
A news item published in Udayam Telugu Daily alleged that the house of a senior IPS officer, who was also the Vice-Chairman and Managing Director of the Andhra Pradesh State Road Transport Corporation (APSRTC), was raided by CBI officials and that two crores of black money, two kgs of gold, and a costly diamond necklace were seized. The officer filed a complaint under Section 199(2) of the CrPC, alleging defamation. The Metropolitan Sessions Judge, Hyderabad, took cognizance of the complaint and issued process against the petitioners, including the Chairman of Udayam Telugu Daily.
Finding of the Court:
1. The Andhra Pradesh State Road Transport Corporation (APSRTC) is a statutory corporation established under the Road Transport Corporation Act, 1950, and is an affair of the State. 2. The Vice-Chairman and Managing Director of APSRTC is a public servant employed in connection with the affairs of the State within the meaning of Section 199(2) of the CrPC. 3. The complaint filed by the Special Public Prosecutor under Section 199(2) of the CrPC is maintainable, and the Metropolitan Sessions Judge was justified in taking cognizance of the case. 4. The Chairman of a newspaper cannot be imputed with knowledge of the contents of defamatory statements published in the newspaper merely by virtue of his position as Chairman. 5. The Chairman of Udayam Telugu Daily cannot be held liable for the defamatory statement published in the newspaper unless there is evidence to show that he was responsible for the publication with the necessary intent, knowledge, or reasonable belief in the matter.
Issues: 1. Whether the Vice-Chairman and Managing Director of APSRTC is a public servant employed in connection with the affairs of the State within the meaning of Section 199(2) of the CrPC. 2. Whether the complaint filed by the Special Public Prosecutor under Section 199(2) of the CrPC is maintainable. 3. Whether the Chairman of Udayam Telugu Daily can be held liable for the defamatory statement published in the newspaper.
Ratio Decidendi: 1. The expression "public servant employed in connection with the affairs of the State" in Section 199(2) of the CrPC should be given a wide connotation and includes officers of statutory corporations established by the State Government, such as APSRTC, which are engaged in activities that are an affair of the State. 2. The complaint filed by the Special Public Prosecutor under Section 199(2) of the CrPC is maintainable if it is made with the previous sanction of the State Government and sets forth the facts constituting the offence, the nature of the offence, and other particulars sufficient to give notice to the accused of the offence alleged to have been committed. 3. The Chairman of a newspaper cannot be held liable for defamatory statements published in the newspaper merely by virtue of his position as Chairman. There must be evidence to show that he was responsible for the publication with the necessary intent, knowledge, or reasonable belief in the matter.
Final Decision: The proceedings against the Chairman of Udayam Telugu Daily are quashed, while the proceedings against the remaining petitioners are dismissed.
( 1 ) THIS is an application filed under S. 482 Cr. P. C. to quash the proceedings in C. C. No. 3 on the File of the Metropolitan Sessions Judge, Hyderabad.
( 2 ) THE 1st petitioner is Udayam a Telugu Daily, represented by its Chairman Sri. Dasari Narayana Rao. The 2nd petitioner is M/s. Tharakaprabhu Publishers (Pvt) Ltd. Printers and Publishers, represented by its Managing Director Sri. K. Ramakrishna Prasad. The 3rd petitioner is Sri. Dasari Narayana Rao, Chairman, Udayam and the 5th respondent is Sri Kondapally Ramakrishna Prasad, Managing Director of the 2nd petitioner-concern.
( 3 ) THE facts that give rise to this petition may be briefly stated. A news item appeared in "udayam" Telugu daily dt. 24-3-1985 the contents of which refer to an alleged raid of the house of a senior A. P. S. R. T. C. Officer by C. B. I. Officials on 9-3-1985, and seizure of Rupees Two crores of black money, two K. Gs. of gold and a costly diamond necklace and this revealed by the close associates of the said Officer, who also said that some people having got their work done by the officer must have presented the diamond necklace to the officers wife. The news item further reads that since the officer was camping at Delhi to hush up the affair one has to believe that there was a raid. These close circles of the officer also revealed that the said officer is a close associate of Telugu Desam Party leaders and he is also playing a prominent role in establishing Bharata Desam Party and therefore the C. B. I. party raided his house and that these close circles believe that there will be further raids on the houses of other officers who are supporting Telugu Desam Party and also on the houses of the officers belonging to the Central cadre. One Sri. P. S. Ramamohan Rao, I. P. S. who holds the rank of a Special Inspector General of Police and who is functioning as the Vice Chairman and Managing Director of the Andhra Pradesh State Road Transport Corporation, a Government of Andhra Pradesh undertaking, being convinced that the news item refers to him only, felt that the same was defamatory and also got a legal notice issued. The Government of Andhra Pradesh accorded sanction in G. O. Rt. No. 3644, G. A. D. dt. 30-8-1985 under S. 199 (2) Cr. P. C. and authorised Sri. P. Seethapathi who was appointed as Special Public Prosecutor to file a complaint. Accordingly the complaint was filed against the petitioners herein for offences punishable under sections 120-B, 500 and 501, IPC and the same was taken on file by the Metropolitan Sessions Judge, Hyderabad and numbered as C. C. 3 of 1985 and the same is sought to be quashed in this petition.
( 4 ) THE main submission of the learned counsel for the petitioners is that the complaint filed by the Special Public Prosecutor under the provisions of S. 199 (2) Cr. P. C is not maintainable and the Metropolitan Sessions Court ought not to have taken cognizance of the case. According to the learned counsel the officer of the A. P. S. R. T. C. is not a "public servant employed in connection with the affairs" of the State of Andhra Pradesh and therefore the provisions of S. 199 (2) Cr. P. C. cannot be invoked by the State Government and that the only remedy available to the public servant is to file a private complaint before the Magistrate.
( 5 ) SUB-SECTION (2) of S. 199 Cr. P. C. is a kind of exception to the general rule that only a person aggrieved by the defamatory statement should be permitted to move the court for redress. The relevant provisions of S. 199 read thus :"199. Prosecution for defamation :- (1) xx xx xx xx xx xx (2) Notwithstanding anything contained in this Code, when any offence falling under Chapter XXI of the Indian Penal Code (45 of 1860) is alleged to have been committed against a person who at the time of such commission, is the President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union Territory or a Minister of the Union or o
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