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1990 Supreme(P&H) 869
PUNJAB & HARYANA HIGH COURT
Jai Singh Sekhon, J.
Ramesh Gour Press Correspondent Nav Bharat Times
Versus
Chiranji Lal Sharma
of,
Criminal Misc. No. 5090 of 1990,
Decided On : DECEMBER 7, 1990
Rash and negligent act in printing defamatory matter may imply the necessary knowledge or reason to believe that such imputation will harm the reputation of the person concerned.
Headnote:
DEFAMATION - SECTION 499 IPC - PRINTING OF DEFAMATORY MATTER - RASH AND NEGLIGENT ACT - KNOWLEDGE OR REASON TO BELIEVE THAT IMPUTATION WILL HARM REPUTATION - EXECUTIVE EDITOR'S LIABILITY.
Fact of the Case:
A news item published in Nav Bharat Times defamed the complainant, a Member of Parliament, by falsely stating that he was driving a van in a drunken condition and was arrested by the police. The complainant filed a complaint against the accused-petitioners, including the Executive Editor of Nav Bharat Times, for offences under Sections 500/501 of the Indian Penal Code.
Finding of the Court:
The court held that the printing of the defamatory matter was a result of rash and negligent act on the part of the concerned Editor of the Newspaper as he had failed to verify the actual facts of the case from the local police and published the news Hem by stating some facts in addition to the one contained in daily diary report No.31 regarding this incident.
Issues: 1. Whether the printing of the defamatory matter was a result of rash and negligent act on the part of the concerned Editor of the Newspaper? 2. Whether the Executive Editor of Nav Bharat Times is liable for the printing or editing of defamatory material in the news paper?
Ratio Decidendi: 1. The court held that the printing of the defamatory matter was a result of rash and negligent act on the part of the concerned Editor of the Newspaper as he had failed to verify the actual facts of the case from the local police and published the news Hem by stating some facts in addition to the one contained in daily diary report No.31 regarding this incident. 2. The court held that the Executive Editor of Nav Bharat Times is not liable for the printing or editing of defamatory material in the news paper.
Final Decision: The complaint as well as the impugned order of the trial Court qua Surinder Partap Singh are quashed by accepting this petition at motion stage, The petition of the remaining petitioner is, however, dismissed in the light of the observations recorded above.
, J.
1. The accused-petitioner in this petition under Sec.482 of the Code of Criminal Procedure, 1973, seek the quashment of the complaint, copy Annexure P 8, as well as the order of the trial Court, copy Annexure P-l2, dated 21-2-1989 summoning the accused petitioners to face trial for offences under Sections 500/01 of the Indian Penal Code, inter alia, on the ground that even if the allegations of the complainant are taken to be true, it is a case of printing the defamatory matter in Nav Bharat Times News Paper on account of rash and negligent act of the correspondent and the editorial staff and that this conducts will not be covered by the definition of "defamation" figuring in Sec.499 of the Indian Penal Code, It is further averred that Surinder Partap Singh, the Executive Editor of Nav Bharat Times, has nothing to do with the printing of paper or editing of news and thus he is not at all liable.
2. The brief resume of relevant facts figuring in daily report No.31 dated 10-11-1989 of Police Post Dhola Kuan, (Police Station Delhi Cantt) and for the disposal of this petition is that on the night of 10-11-1989, one Chiranji Lal son of Jee Ram, resident of Sonepat Stand Rohtak (Haryana) was found driving a van in drunken condition while another person, namely. Ajtt Singh Dahiya son of Ram Pat was found sitting by the side of the driver of the van. The driver of the van did not stop the van despite the signal of the traffic police which resulted in Sub Inspector Brahm Parkash stopping the van at a little distance with great difficulty. Both these persons were apprehended and their medical examination was got done, as they appealed to be drunk, Accordingly, first information report No.31 dated 10.11.1989 was recorded at police post Dhola Kuan, attached with Police Station Delhi Cantt Various Press reporters including the Press Reporter Nav Bharat Times printed news item in this regard in the issue of their paper on 10-1-1939.- The Roman translation of News item printed in Nav Bharat Times figuring in complaint reads as under : "sharab PIKAR GADI CHALA RAHA SANSAD GIRAFTAR, RIHA" "nai DILHl 12 JANUARY : SONEPAT (HARYANA) KE CHIRANJI LAL SHARMA AUR UNKE EK SATHI VAKIL KO PARSON RAAT DHOLA KUAN POLICE NE GIRAFTAR KAR LIYA GAYA. UNKI GADI PARDHAN MAMTRI KE MARG ME AA GAI THI. IN-DONOKO KAL JAMANAT PAR CHODA GAYA. DHOLA KUAN POLICE CHOWKI KE RAUZ NAMCHE MEN DD NO, 31, MEIN DARZ REPORT MEIN UN PAR SHARAB PIKAR GADI CHALANE KE ABHIYOG LAGAYA GAYA HAL REPORT MEN LIKHA HAI GURGAON ROAD PAR PALAM KE AUR SE BAHUT TEJ RAFTAR SE MARUTI VAN DDV 4796 AI. VIP ROUTE PAR LAW AND ORDER KE LIVE TAINAT OFFficer NE USE RUKNE KA ISHARA KIYA LEKIN GADI RUKI NAHIN. TRAFFIC POLICE KE S. I. BRAHM PARKASH NE DHOLA KUAN KE NIKAT CHORAHE PAR USE ROKA. DONO KO CR. P. C KI DHARA 107/151 MEN GIRAFTAR KAR DOOTRA JANCH KE LIYA BEJA GADI SHRI CHIRANJI LAL SHARMA CHALA RARE THE. VEH SHARAB PIYE HUE THE. UNKE SATH BAITHA VYAKTI BHI SHARAB PIYA THA. ATIRIKAT POLICE UPAYUKT DR. KRISHAN KANT PAL KE ANUSAR UNEHONE POLICE KARMIYON SE GALI GALOCH KE UNKI GADI AAJ SUBHA TAK THANE MEN THI YATAYAT KANOON KI ANEK DHARAON KE TEHAT ONKA CHALANKIYA GAYA THA. STHANIY POLICE KE EK BADE ADHIKARI KE ANUSAR 10 JANUARY KI SHAM PARDHAN MANTRI KO BANGLOOR JANA THA USKE L1ye VAH PALAM JA RAHE THE. VAH GURGAON AUR PARED ROAD Kl JUNCTION KE PASS PAHUNCHNE HI WALE THE Kl GALAT DISHA SE BAHUT TEJ RAFTAR MEN MARUTI VAN NO. DDV 4796 AI VAN ROKNE KE LIYE EK INSPECTOR NE SHANKET BHI DIYA LEKIN USNE VAN ROKl NAHIN. BAHUT MUSKIL SE YATAYAT POLICE KE EK ADHIKARI US GADI KO RUKWA PAYA. "
3. Shri Chiranji Lal Sharma, complainant, happened to be the Member of Parliament at that time as well as a practising lawyer as Sonepat. His friend S/shri Raghbar Dayal Gaur, Raj Kumar and Balkishao Kaushik, Advocates, contacted him on the morning of 13th January, 1989, with a copy of Nav Bharat Times and apprised him of this news item besides having conveyed that they thought him to be a gentleman but he w
