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1960 Supreme(P&H) 215
PUNJAB & HARYANA HIGH COURT
Tek Chand, J.
Harbhajan Singh
Versus
State Of Punjab
Decided On : NOVEMBER 25, 1960
The plea of good faith under Section 499, I.P.C. requires the accused to show that he had made a proper investigation before publishing the defamatory statement and that he had acted honestly in the belief that the statement was true.
Headnote:
The accused was convicted under Section 500, I.P.C. for defaming the complainant by publishing a statement in the press alleging that the complainant, son of a Minister, was involved in gold smuggling and was responsible for a large number of crimes being committed in the Punjab. The accused pleaded the exceptions of truth and good faith under Section 499, I.P.C. The court held that the accused had failed to prove the truth of the imputations and that he had not acted in good faith as he had not made any proper investigation before publishing the statement. The court also held that the accused's conduct during the trial, including his written statement, showed that he had no intention of making amends for the injury caused to the complainant. The court upheld the conviction but reduced the sentence from one year's simple imprisonment to three months' simple imprisonment and a fine of Rs. 2,000.
Fact of the Case:
The accused, a State Secretary of the Punjab Praja Socialist Party, issued a press statement alleging that the complainant, son of the Chief Minister of Punjab, was involved in gold smuggling and was responsible for a large number of crimes being committed in the Punjab. The statement was published in several newspapers. The complainant filed a complaint against the accused under Section 500, I.P.C. for defamation.
Finding of the Court:
The court held that the accused had failed to prove the truth of the imputations and that he had not acted in good faith as he had not made any proper investigation before publishing the statement. The court also held that the accused's conduct during the trial, including his written statement, showed that he had no intention of making amends for the injury caused to the complainant.
Issues: 1. Whether the accused had proved the truth of the imputations made against the complainant. 2. Whether the accused had acted in good faith in publishing the statement. 3. Whether the accused's conduct during the trial showed that he had no intention of making amends for the injury caused to the complainant.
Ratio Decidendi: 1. The accused had failed to prove the truth of the imputations made against the complainant. 2. The accused had not acted in good faith in publishing the statement as he had not made any proper investigation before doing so. 3. The accused's conduct during the trial, including his written statement, showed that he had no intention of making amends for the injury caused to the complainant.
Final Decision: The court upheld the conviction of the accused under Section 500, I.P.C. but reduced the sentence from one year's simple imprisonment to three months' simple imprisonment and a fine of Rs. 2,000.
Tek Chand, J.
1. This criminal appeal has been preferred by Shri Harbhajan Singh, accused-appellant, from his conviction under Section 500, I.P.C. He was tried by the Additional Sessions Judge, Delhi who found him guilty and sentenced him to one years simple imprisonment by his order dated 27th. of August, 1959. The appellant has been on bail The accused was prosecuted on the complaint of P.W. 1, Surrinder Singh Kairon, son of Sardar Pratap Singh Kairon, the Chief Minister of Punjab State. The statement said to be defamatory of the complainant was given by the accused to the press on 23rd of July, 1957, which was published in extenso in the Blitz, a weekly magazine of Bombay, and the extracts were published in the Times of India and in some other papers. A pressnote dated 22nd/23rd of July, 1957. (Ex.P.D.) was issued by the Punjab Government and is reproduced below:
Certain Urdu dailies from Jullundur are indulging in a deliberately mischievous and false-propaganda alleging complicity of a Ministers son in smuggling on the border. This is evidently done with a view to malign Government and cause suspicion in the mind of the public. The Punjab Government categorically deny the allegation. These papers should have the courage tocome out openly with the name of the son of the Minister instead of repeatedly publishing things in a vague and indirect manner. They should not take shelter behind anonymity and should not be afraid of the consequences of the publication of these allegations.
The Punjab Government have already taken, steps to curb smuggling and they are determined to put it down with a firm hand.
2. In response to the above pressnote the accused issued a statement (Ex.P.A.) which runs as under:
Sardar Harbhajan Singh, State Secretary, Punjab Praja Socialist Party, has issued the following statement to the Press. My attention has been drawn to a Punjab Government Press Note categorically denying the complicity of a Ministers son in smuggling. That press-note also throws a challenge to some Urdu Dailies to come out openly with the name of the son of the Minister and then face the consequences. I dont know whether the newspapers concerned will take up. this challenge of the Punjab Government or not, but as one of those who have been naming that son of the Minister as one of the leaders of the smugglers from Public Platform, I hereby name that son as S. Surinder Singh Kairon son of S. Pratap Singh Kairon, Chief Minister, And I do so determined to face the consequences of the charge being openly levied by me. I further allege that the son of our Chief Minister is not only a leader of smugglers but is responsible for a large number of crimes being committed in the Punjab. But because the culprit happens to be Chief Ministers son the cases are always shelved up.
If the Punjab Government accepts this challenge, it should do so by appointing an independent committee of impartial Judges from outside the Punjab and then let us see who has to face the consequences. If the Punjab Government dare not do so, I would not mind serving a term in jail for having had the Courage to come out with the truth. May I bring it to the notice of Punjab Government that Chief Ministers son is being discussed in almost every Punjabi house, but people are afraid of talking about him in public less they be punished for that.
3. The above statement issued to the press by the accuser] was published in the Tribune dated 25th of July, 1957, vide Ex.D.p.
4. Shri Ajaib Singh, Senior Superintendent of Police, Amritsar, issued a statement on 25th of July, 1957, which appeared in the Tribune on 26th of July, 1957, (Ex.P.C), to the effect that by now all people involved in smuggling cases had been interrogated and he could say that rumour about some Ministers son being involved in smuggling was false and incorrect A rejoinder was published by the accused Sardar Harbhajan Singh in the Hind Samachar, an Urdu daily from Jullundur, dated the 27th July, 1957.
