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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 688 of 2001

Special Leave Petition (crl.) 1875 of 2001

PETITIONER:

JOHN THOMAS

Vs.

RESPONDENT:

DR. K. JAGADEESAN

DATE OF JUDGMENT: 12/07/2001

BENCH:

K.T.Thomas, R.P.Sethi

JUDGMENT:

THOMAS, J.

Leave granted.

A renowned hospital in the Metropolis of Madras

(Chennai) has been caricatured in a newspaper as the

abattoir of human kidneys for trafficking purposes. When

the Director of the Hospital complained of defamation, the

publisher of the newspaper sought shelter under the umbrage

that the libel is not against the Director personally, but

against the hospital only and hence he cannot feel

aggrieved. The accused/publisher, who raised the objection

before the trial court, on being summoned by the court to

appear before it, succeeded in stalling the progress of the

trial by clinging to the said contention which the trial

magistrate has upheld. But the High Court of Madras

disapproved the action of the magistrate and directed the

trial to proceed. Hence the accused has come up to this

Court by filing the special leave petition. But after

hearing the learned senior counsel,