Reporting factually correct information on an ongoing investigation is not defamatory, and complaints filed beyond the limitation period are not maintainable.

JUDGMENT

NEENA BANSAL KRISHNA, J.

1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “ Cr.P.C .”) has been filed on behalf of Petitioner, Smt. Nilanjana Bhowmick, for quashing of Criminal Complaint No. 33305/2016, for the offence under Sections 499 and 500 of the Indian Penal Code, 1860 (hereinafter referred to as “ IPC ”), along with Summoning Orders dated 11.11.2014 and 29.10.2018 of the Court of the Ld. Metropolitan Magistrate, New Delhi.

2. The Complainant/Respondent, Sh. Ravi Nair, stated that he is a person working in the field of human rights, running an organization under the name and banner of South Asia Human Rights Documentation Centre (SAHRDC), and is regularly invited to deliver lectures and speak at various national and international platforms.

3. He is the recipient of the M.A. Thomas National Human Rights Award (1997) and was honoured as the Ida Beam Distinguished Lecturer at the University of Iowa in October 2000. The Complainant has also delivered a lecture at Harvard Law School in November 2005.

4. Further, he has served as an International Consultant to the Technical Advisory Services Programme of the Office of the United Nations High Commissioner for Human Rights (OHCHR) in its training initiatives in Nepal, and has previously conducted Workshops in Armenia for the UN Human Rights Mechanisms. The Complainant was also a member of the Curriculum Development Committee of the University Grants Commission (UGC) for the inclusion and teaching of Human Rights Law across universities in India.

5. The Complainant asserts that through his hard work, integrity, and impartial approach, he has earned and maintained an excellent reputation in his field over many years, though his work and activities have remained under public scrutiny. He states that he is a public-spirited citizen who has taken up various socio-political causes and runs a reputed human rights organization known as the South Asia Human Rights Documentation Centre (SAHRDC). This Trust was established to conduct research, documentation, and reporting on human rights issues, and its research papers and reports are regularly shared with various international bodies and published on their official websites. The Complainant thus, enumerates his work and contribution in the national and international arena and claims to have earned a reputation for himself. He stated that he is a recipient of several national and international awards and has earned an excellent reputation in society through his work.

6. On 14.12.2010, the Petitioner/Accused No. 1, Smt. Nilanjana Bhowmick published an article titled “Accountability of India's Nonprofits under Scrutiny”, wherein she allegedly defamed the Complainant by implying that he and his organization were involved in money laundering. The Complainant states that he came to know of these allegedly false and defamatory statements, through his acquaintances in the field of human rights.

7. On 20.12.2010, the Complainant sent an email to the Editor of Time the website on which the said Article was published, stating that the accusations levelled against him and his NGO were false. He specifically contended that the statement suggesting that the European Anti-Fraud Office (OLAF) had indicted him and his NGO was untrue, and further stated that the Petitioner had never contacted him for comment. However, no response was received.

8. On 26.09.2014, the Complainant learnt from his former colleague, Ms. Rineeta Naik, that the defamatory Article continued to remain accessible online witho