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2011 Supreme(J&K) 581

HASNAIN MASSODI
B. L. Gupta & Anr. – Appellant
Versus
Naseem – Respondent


Advocates Appeared:
Mr. P.N. Raina, Sr. Adv. with Mr. Anupam Raina, Adv. for Petitioner.
Mr. Rajinder Singh Jamwal, Adv. for Respondent.

1. The petitioner No.1 is Printer, Publisher and Editor of Daily Early Times, published from Jammu and petitioner no.2 — its Managing Director. The petitioners' newspaper, in its issue dated 10th May, 2008, published a news item referring to a Srinagar based Women Organization — "Dukhtaran-e-Millat" as "anti-India and Secessionist Organization" and its leader — Aasiya Andrabi as "obscurantist and Islamic fundamentalist".

2. Ms. Naseem W/o Mohd. Rashid, R/o Kanyari, Tehsil and District Kathua, claiming to have deep faith in the Organization and to respect its efforts for highlighting the duties of the Muslim women, filed a criminal complaint in the Court of Chief Judicial Magistrate, Kathua, alleging commission of offence punish#31;able under Sections 500,501 and 502 RPC against the Printer, Publisher, Editor and Managing Director of Daily Early Times-petitioners herein. The respondent's case before the Trial Magistrate was that the news item in question was defamatory in character and lowered the reputation of the Organization and that of all those associated with the Organization. Learned Chief Judicial Magistrate, Kathua, on receipt of the complaint, recorded statement of the comp












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