IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAJNESH OSWAL, J
Rajesh Tandon – Appellant
Versus
Mohd. Safeer – Respondent
JUDGMENT
1. The petitioner is a reporter of daily newspaper "Early Times‟ for District Poonch. It is stated by the petitioner that the work of the petitioner is only to provide information to the head office of "Early Times‟ situated at Gujjar Nagar, Jammu and there is one more reporter of daily newspaper "Early times‟ for District Poonch, who has been assigned the same duty of reporting the news to the head office of Early Times. On 25.04.2018, a news was published in the daily newspaper "Early Times‟ that ambulance of Surankote Hospital has been turned into load carrier and most of the times, when there is any emergency, officials of hospital say that the ambulance is unavailable but the government vehicles can be commonly seen serving the officials of the department and the people are forced to look for alternatives. The issue was raised before the CMO, Poonch and he assured that he will take appropriate action.
2. After publishing of the above-mentioned news item in the Early Times newspaper on 25.04.2018, the respondent filed a complaint under Section 500 RPC, alleging therein that the petitioner in order to defame the respondent published such a news along with photographs and
Defamation requires specific imputation against an individual; absence of such imputation and procedural irregularities can lead to quashing of defamation complaints.
A journalist cannot be prosecuted for defamation if the published article does not specifically name or accuse an individual, reinforcing the importance of freedom of speech in public discourse.
The publication of defamatory statements without substantiation violates the rights of the affected person, and intention or knowledge regarding reputational harm suffices for establishing defamation....
The court held that a news report published in good faith, including the complainant's version, does not constitute defamation under IPC Sections 499-501.
The main legal point established is that specific averments indicating the role of the accused in the commission of the offence are necessary to attract defamation charges, and fair reporting of info....
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