Mere publication of statements by media does not constitute defamation unless intent to harm reputation is established; absence of mens rea leads to quashing of prosecution.

ORDER

These two Criminal Miscellaneous Cases are connected and therefore I am disposing of these two cases by a common order.

2. The petitioners in Crl.M.C No.355/2019 are accused No.1 to 3 in C.C No.165/2017 on the file of the Chief Judicial Magistrate Court, Ernakulam. Petitioners in Crl.M.C No.8552/2017 are accused Nos.4 to 6 in C.C No.165/2017 on the file of the Chief Judicial Magistrate Court, Ernakulam. It is a prosecution initiated against the petitioners and another by the 1^st respondent in Crl.M.C No.8552/2017 (2^nd respondent in Crl.M.C No.355/2019) alleging offences punishable under Sections 499 and 500 of IPC . Annexure-A produced in Crl.M.C. No.8552/2017 & Annexure-1 produced in Crl.M.C. No.355/2019 are copies of the complaint in C.C No.165/2017 on the file of the Chief Judicial Magistrate Court, Ernakulam.

3. The allegation in the complaint is as follows:

On 03.04.2016 and 04.04.2016, Smt. Saritha S. Nair, the 7^th accused in the complaint in an interview with the 1^st petitioner in Crl.M.C No.355/2019, had shown a letter containing a defamatory statement to the effect that Smt. Saritha S. Nair was sexually assaulted by the complainant, who is a Member of Parliament and a Member of the Indian National Congress (I) Party at the residence of a Minister of the State of Kerala. It is the case of the complainant that the accused in pursuance to the criminal conspiracy to defame the complainant and also topple the ruling United Democratic Front in the State of Kerala at that time, has played nasty games through the visual media owned and operated by the petitioners.

4. The 7^th accused is an accused in 32 criminal cases, registered in various Police stations throughout the State of Kerala and facing prosecution inter alia for offence punishable under Section 420 IPC . The 7^th accused, who was produced before the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam, in connection with one of the crimes in which she was the accused, sought permission to make some statement before the court in in-camera proceedings. It is further stated that the 7^th accused was permitted to give her statement in writing and submit it before the court. According to the complainant, as per media reports, the 7^th accused submitted a letter to the Additional Chief Judicial Magistrate Court(E.O) on 29.07.2013, which did not contain any allegation against the complainant. In the interview of the 7^th accused conducted by Asianet (News Hour programme) on 07.04.2015, the 7^th accused denied having written any letter implicating the complainant or others. In the above interview, the 7^th accused definitely declared that she knew the complainant but she had not received any help or assistance from the complainant and she totally denied the suggestion of sexual harassment by the complainant.

5. On 03.04.2016, accused Nos.1 to 3 and 7, in furtherance of their conspiracy to defame the complainant and to tarnish his image and reputation forged and fabricated a letter which was shown by accused Nos.1 to 3 in their programme telecasted on at 4.16 PM., which was a letter alleged to be written by the 7^th accused to the Judicial Magistrate. The letter contains a defamatory statement to the effect that the complainant sexually assaulted the 7^th accused at the residence of a Minister of the State of Kerala. That letter is a newly drafted one in connivance with accused Nos.1 to 3 and telecasted through Asianet on 03.04.2016 at 4.16 PM with the sinister motive to defame the complainant before the public, is the submission. The above letter and the consequent telecasting of the