The responsibility of journalists and publishers in ensuring accurate and truthful reporting, and the need to guard against untruthful news in order to protect the reputation of individuals.

JUDGMENT :

Tarlok Singh Chauhan, J.

The appellants are the defendants, who have suffered a decree at the hands of the learned trial Court, which in turn, has been affirmed by the learned first appellate Court, constraining them to file the instant appeal.

2. The parties shall be referred to as the 'plaintiff' and 'defendants'.

3. The plaintiff filed a suit for libel claiming therein damages to the tune of Rs.10,00,000/-. It was averred that the plaintiff remained posted as District Ayurvedic Officer, Kangra at Dharamshala till March, 2007 and had many friends and relations in the said Division and he retired as District Ayurvedic Officer in March, 2007 and also being a permanent resident of Village and Post Office Dhaliara, Tehsil Dehra, District Kangra, H.P. enjoyed high respect and great reputation in the society. The defendants, who are the Editor, Publisher, Printer and Correspondent of 'Divya Himachal', respectively, on 31.01.2007, falsely and maliciously printed and published a news item under the heading of "SWARAN BHASAM KAND MAIN CHHEH NILAMBIT" and thereby projected that the plaintiff along with others has been suspended, whereas, no such order of suspension was passed against him or any other person.

4. As per the plaintiff, not even a show cause notice was given to him by his Department, Central Government and no inquiry was pending against him and moreover he was also not served with any suspension order. It was also averred that the plaintiff after going through the news item published on 31.01.2007 went to the office of the defendants to apprise them that wrong news has been published and it was assured by the defendants that they will tender unconditional apology in the newspaper, but they again falsely and maliciously printed and published the news item on 01.02.2007 with the heading that "AFSARO KE NILAMBAN SE AYURVEDIC VIBHAG ME HARKAMP".

5. According to the plaintiff, by such wrong imputations published in the newspaper, he was made to understand by the defendants that he was an incompetent, useless and dishonest District Ayurvedic Officer, who committed criminal offence while in service and thereby he has been greatly injured in his credit and reputation and has been brought in public odium and contempt and by this act of the defendants, he has also suffered mental pain, agony, discomfort, humiliation, financial, physical and mental hardship and this even led to the breaking of marriage of his son.

6. It was also averred that by such imputations, the status of the plaintiff has been lowered down in the eyes of general public. The plaintiff after retirement on 31.03.2007 started private practice at Dhalilara, but his practice suffered badly due to the news published by the defendants and this also has lowered the moral and intellectual character of the plaintiff in the estimation of others. Hence, the suit.

7. The defendants contested the suit by filing two sets of written statements, one by defendant No.4 and other by defendants No.1 to 3. In both the written statements, common preliminary objections have been raised qua non maintainability of the suit, estoppel, no cause of action, improper valuation of the suit for the purpose of court fee and jurisdiction, plaintiff not approaching the court with clean hands and suppression of material facts. However, in the written statement filed by defendants No.1 to 3, certain other legal objections qua locus standi and non-joinder of necessary parties have also been raised. On merits, defendants No.1 to 3 averred that there was no news item against the plaintiff and whatever news item was given by the correspondent and published by the defendants, was in the public interest and on the basis of the information supplied to the correspondent and the same was neither intentional nor deliberate.

8. It was further averred that in fact "SWARAN BHASM" is a metallic gold preparation which is costly medicine valued for Rs.14,000/- to Rs.4,00,000/- per Kg in the open market and the sa