Publication of true statements related to official proceedings cannot constitute defamation under IPC Section 500.

JUDGMENT :

Rakesh Kainthla, J.

1. The petitioners have filed the present petitions against the order dated 8.7.2015, passed by learned Judicial Magistrate First Class-III, Mandi, H.P., (Learned Trial Court) in case titled Karmu Ram Vs. N.R. Pathak and another, vide which the learned Trial Court ordered the issuance of summons against the petitioner(s) (accused before the learned Trial Court). (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present petitions are that the respondent/complainant filed a complaint against the petitioner(s)/accused for the commission of an offence punishable under Section 500 of IPC. It was asserted that the complainant is a reputed person having respect all over Himachal Pradesh. He is the State President of H.P. Vishwakarma Vikas Sabha. He had rendered services in different areas for the welfare of the needy people. He was elected as State President of the Sabha in November 2008 in a general elections where 100 members of the Sabha were present. He was again elected in the general elections of Sabha as President in April 2011. He visited all the districts as President of the Sabha and participated in many public functions. The Registrar of the Society directed on 26.3.2013 to conduct fresh elections of the Sabha. The process of conducting elections started thereafter as per the direction. The complainant found while reading the daily newspaper ‘Amar Ujala’ on 14.7.2013 that one news item was published regarding the complainant stating that ‘KARMU RAM VISHWAKARMI SABHA SE NILAMBIT’ (Karmu Ram suspended from Vishwakarma Sabha). Same news item was published in ‘Divya Himachal’ in column ‘Ek Nazar’ under the heading ‘KARMU RAM VISHWAKARMI SABHA SE NILAMBIT’ (Karmu Ram suspended from Vishwakarma Sabha). These news items were published with mala fide intention to defame the complainant. These news items were read all over Himachal Pradesh, which lowered the estimation of the complainant in the eyes of the public. The accused were never elected as President and General Secretary of the Vishwakarmi Vikas Sabha at any point in time. The accused No.1 resigned from Presidentship in the year 2007 because of his old age and poor health. The complainant was elected as President thereafter. Accused No.2 is a government servant serving in HPSEB and he could not hold an elected post in any Society registered under the Societies Registration Act. Accused No.1 and 2 made false allegations to defame the complainant; hence, it was prayed that action be taken against them.

3. The complainant examined himself as (CW1), Dharam Chand (CW2) and Mohan Lal (CW3).

4. The learned Trial Court held that there were sufÏcient reasons to proceed against the accused for the commission of an offence punishable under Section 500 of IPC and ordered the issuance of the summons against the accused.

5. Being aggrieved from the order passed by the learned Trial Court, two separate petitions have been filed before this Court. In the petition filed by Mr N.R. Pathak, it was asserted that the complainant got himself elected as a President of the Sabha in the year 2011. His election was challenged by Mr Narpat Ram Chauhan before the Registrar, Cooperative Societies, who held the elections to be void ab initio. Fresh elections were directed to be held. The complainant filed an appeal which was dismissed on 26.3.2013. The meeting of the Sabha was convened on 6.4.2013 under the chairmanship of the petitioner/accused N.R. Pathak. A single-line resolution was moved and passed unanimously by the Central Executive Committee (Governing Body) to expel the complainant for six years for his involvement in anti-Sabha activities i.e., giving press releases in the print and electronic media in the capacity of self-styled President, creating parallel Sabha, misusing his position and collecting money. The decision taken by the