Back
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Mehinder Singh Sullar
Criminal Misc. No. M-13315 of 2005 (O&M)
N. Ram, Editor-in-chief & publisher of ‘The Hindu’ & Ors.
v.
Rashtriya Swayamsewak Sangh, Haryana Prant, through its Prant Sangh Chalak
{Decided on 07/05/2012}
(i) Petitioners have published the accurate statement of Minister on the reprints of PTI, in good faith and just to inform the public.
(ii) It is not claimed that publication of news in any manner distored or coloured version of the speech of Minister.
(iii) The requisite intention/knowledge, (Mens-rea) to defame the complainant RSS or the person associated with it and all other essential ingredients are totally lacking in this case--Meaning thereby, such fair, accurate and truthful reporting by the petitioners in the absence of mens rea would not constitute any offence.
(iv) Protection under Article 19(1)(a) of the Constitution of India is available and since the accurate publication by the petitioners-accused squarely falls within the domain/ambit of Explanation 4 and pointed Exceptions of Section 499 IPC.
(v) Same news article was published by other national newspapers but no complaint/action against them taken--Therefore, complaint is false and filed with mala fide intention, vicariously and in order to wreak vengeance--Indian Penal Code, 1860, Ss.409 & 501--Constitution of India, 1950, Art.19(1)(a).
(B) Indian Penal Code, 1860, Ss.499 & 500--Defamation--The words “knowing or having reason to believe” intending to harm the reputation, are very important and carry significant meaning. (Para 28)
(C) Indian Penal Code, 1860, Ss.499 & 500--Defamation--Obligatory on the part of the complainant to prima facie, prove that the accused have intentionally published the accurate news with the intention to harm or with the knowledge or having good reasons to believe that it would harm its reputation--The essence of the offence of defamation must have been made either with the intention of causing harm, or knowing or having reason to believe that such imputation would cause harm to a person. (Para 31)
(D) Indian Penal Code, 1860, Ss.499 & 500--Defamation--Explanation 4 to Sec. 499, IPC places a curb on the general description of definition contained in the section--It makes only such imputations punishable as might lower a person’s reputation in respect of some aspects of his personality and makes an imputation defamatory only if it lowers a person in the estimation of others--It implies a fall in reputation--The reputation has been used to denote the estimation in which a person is held by others, the character imputed to him in the community or the society to which he belongs. (Para 29)
Mr. Mehinder Singh Sullar, J.: - Tersenessly, the facts and material, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record is that, on 08.08.2004, a “National Conference on Secularism was organized by the Freedom Fighter Cell, of All India Congress Committee in New Delhi. Although, the leaders from various political parties have addressed the Convention, but the then Cabinet Minister and Senior Congress Leader Mr.Arjun Singh, was the star speaker. He delivered the speech in question, which was published by different National Newspapers. ‘The Hindu’ Newspaper published the news (Annexure P-7) as well, on 09.08.2004, which in substance is as under:-
“The Human Resource Development Minister, Arjun Singh, today asked the Prime Minister, Manmohan Singh, to cleanse the administration of people owing allegiance to the RSS, an organization he accused of being responsible for the killing of Father of the Nation Mahatma Gandhi.
Our first duty is that the fascist forces of the RSS should be detected. Today, Government administration is in grip of the RSS, we have to cleanse it,” he said at the National Convention on Secularism here.
The veteran Congress leader, who removed academicians close to the BJP and the RSS from panels drafting textbooks for schools, said the RSS had a strong hold on administration as “men having sympathies with the Sangh Parivar were appointed (by the previous Government) on key positions.
If an institution’s biggest achievement was killing of (Mahatma)Gandhi than you can expect what national purpose it can serve,” he said called for “exposing the RSSmen in the Government.
Not one but there are hundred different fronts of the RSS. They are getting crores of rupees from within and outside the country. The previous Government allowed foreign money to come in but now this web has to be broken. People should know for what purpose the money was used for.” Mr.Singh said. The Minister hoped that “the Prime Minister will take definitive action in this regard.”
2. Sequelly, it was also published as under:-
‘Ministers face problems’
The CPI general secretary, A.B.Bardhan, said Mr.Singh and the information and Broadcasting Minister, S.Jaipal Reddy, were facing difficulties due to presence of a large number of “RSS-men” in their Ministries.
“Committees are filled with RSS-men. Raj hamara, Governor tumhara (its our government but the Governor is of RSS-BJP). How long will this last,” Mr.Bardhan asked.
The CPI leader charged the BJP with propagating politics of hate and said the party had changed the word Hindutva with nationalism. “Don’t forget Hitler played havoc around the world in the garb of nationalism”.
Sachin Pilot, MP and Rajasthan, moved a resolution called for a thorough study of the working of the RSS and countering its “false propaganda and a politics of hate and teaching secularism in schools”.
‘Ballot revolution’
Mr. Jaipal Reddy, who presided over the convention, said the recent Lok Sabha election was a revolution through the ballot which defeated the fascist forces. “It would be a revolution if we could sustain the momentum and could be rightly called a post-independent renaissance”. He said India could not be a country of one religion or caste as diversity had been the underlying factor since pre-historic times of the country.
Challenging the RSS to prove the existence of any single ethnically homogenous society in the world, he said India’s diversity was praised all over the world. Calling the BJP an ‘illusion’ and the RSS the ‘reality’, he said it was the strenuous efforts of Mahatma Gandhi that brought together all ethnic groups to fight for the freedom of the country.
Earlier, Nilotpal Basu of the CPI(M) said the fight for secularism was not over with the victory in the election. “You have to continue to fight communalism, not just through elections but in all spheres of life.”
3. Likewise, the news
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
