The court confirmed that public defamation requires rigorous standards; mere reproduction of allegations does not absolve liability without factual verification.

ORDER

Date : 04.11.2022:

Heard Mr. A.K. Bhuyan, learned counsel for the petitioner. Also heard Mr. M. Phukan, learned P.P. appearing for the State respondent no.1 and Mr. D. Saikia, learned senior counsel, assisted by Ms. R. Baruah, learned counsel for the respondent no. 2.

2. By filing this criminal petition under section 482 Cr.P.C. the petitioner, namely, Manish Sisodia, has prayed for quashing of the proceedings of C.R. Case No. 81/2022 under sections 499/500 IPC, which is pending for disposal before the Court of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati.

3. Bereft of unnecessary details, it would suffice to mention the herein before complaint petition was filed by the respondent no.2, namely, Dr. Himanta Biswa Sarma, who is the present Chief Minister of the State of Assam. In the complaint petition it was alleged that on 04.06.2022, the petitioner had addressed a press conference at New Delhi where defamatory statement was made against the respondent no. 2, accusing him of indulging in corruption. The video of the said press conference was uploaded in you-tube channel of Aam Aadmi Party, with caption – “Assam ke BJP CM ke bhrastachar ka yeh hai kacha chittha.” It would suffice to mention that in the complaint petition, it was stated, amongst others, that the allegations against the respondent no. 2 was to the effect that the respondent no. 2 was involved in corruption; he had given Government contract to his wife’s Company for purchasing PPE kits; while purchase from others were made at Rs.600/- per kit, such kits were purchased from the Company of the wife of the respondent no. 2 at the rate of Rs.990/- per PPE kit.

4. The learned Court of Chief Judicial Magistrate, Kamrup (M), Guwahati (hereinafter referred to as the “trial Court”), after considering the statement of the respondent no. 2, recorded under Section 200 Cr.P.C., and the statement of 2 (two) witnesses examined under Section 202 Cr.P.C., by order dated 20.08.2022, found sufficient ground to proceed against the petitioner under sections 499/500 Cr.P.C. and on taking cognizance of the offence, was pleased to issue summons to the petitioner for appearance in the proceeding.

Submissions of the learned counsel for the petitioner:

5. The submissions of the learned counsel for the petitioner are three-fold. Firstly, it was submitted that the petitioner was the Deputy Chief Minister of the State of NCT of Delhi and accordingly, although he was a public servant, no sanction was obtained as per the requirement of Section 197 Cr.P.C. to prosecute him. Secondly, it was also submitted that the statement made by the petitioner in the press-conference held on 04.06.2022 at Delhi falls within the “exceptions” contained in Section 499 of the I.P.C., as because it was for public good and to caution the public. Thirdly, it was submitted that the supply of PPE kits was made at the exorbitant rate of 990/- per PPE kits, while similar PPE kits were purchased by the Government at the rate of Rs.600/- per PPE kits. The learned counsel had also submitted that even assuming but not admitting that PPE kits were given without raising bills, but they took the benefit under “Corporate Social Responsibility Fund” and therefore, the respondent no. 2, though the Company of his wife had caused undue enrichment to themselves. Fourthly, it was submitted that in the press conference, the petitioner had merely reproduced t