Dawith Appuhamy V. The Associated Newspapers Of Ceylon Ltd.

1956 Present: Basnayake, C. J., and Gunasekara, J.

DAWITH APPUHAMY, Appellant, and (1) THE ASSOCIATED
NEWSPAPERS OF CEYLON, LTD.,  (2) G. J. PADMANABHA
(Editor, Ceylon Daily News "), Respondents

S. C. 187-D. C. Colombo, 26,617/M

Defamation-Newspaper report-Privilege-Animus injuriandi.

In an action for defamation against a newspaper in respect of a report of certain remarks made by a Magistrate concerning the plaintiff in the course of an inquiry into a petition for a mandate in the nature of a writ of habeas corpus that had been presented to the Supreme Court, it was shown that the report was f4ir and substantially accurate and that it was published shortly after the remarks -were made in open court.

Held, that the circumstances negatived animus injuriandi and that the report was privileged.

APPEAL from a judgment of the District Court, colombo

Sir Lalita Rajapakse, Q.C., with F. R. Dias, for the plaintiff-appellant.

H. V. Perera, Q.C., with G. T. Samerawickreme, for the defendant-respondents.

Cur. adv. vult.

May 11, 1956. GUNASEKARA, J.-
This is an appeal from a judgment and decree of the District Court of Colombo dismissing an action for damages for defamation. At the close of the argument we dismissed the appeal and said that we would give our reasons later.

The action arose out of the publication hi a Colombo newspaper, the Ceylon Daily News, of which the respondents were the proprietor and the editor respectively, of an account of an inquiry held in the Magistrate's Court of Kandy into a petition for a mandate in the nature of a writ of habeas corpus that had been presented to the Supreme Court by one Heen Banda on the 5th November 1951. Been Bands alleged in his petition that a young woman named Ham Menika, who he claimed was his sister, was being improperly detained in the custody of Muhandiram Dawith Appuhamy, the appellant. The petition was referred by a judge of this court to the magistrate for inquiry and report, under the provisions of section 45 of the Courts Ordinance (Cap. 6), and the magistrate made, his report on the 24th March 1952. The action was brought in respect of an account of the proceedings before the magistrate that was published in the Daily New-s of the 31st March, ' -

The cause of action is set out in the 6th and 7th paragraphs of the plaint in the following terms :

"6. On the 31st March 1952 the Defendants published in the Ceylon Daily News a report headed Child slavery says Magistrate':
'Shameful behaviour of Muhandiram deplored - They further reported under the said heading as follows:

It is disgraceful and shameful behaviour on the part of one who - considers himself a social worker and it amounts to nothing less than child slavery to adopt such an attitude to a girl who had served him for seven years' said the Kandy Magistrate Mr. T. Quentin Fernando to Muhandiram A. W - Dawith Appuhamy at an inquiry into a Habeas Corpus application.

A copy of the said Ceylon Daily News ' dated 31st March 1952 is annexed hereto marked - A' and pleaded as part and parcel of this plaint.

7. The Plaintiff states that the said report which refers to the Plaintiff is false and malicious and defamatory of the Plaintiff and that the statements alleged to have been made by the Magistrate of Kandy as set out in paragraph 6 above were at no time made by the said Magistrate - The said report has caused serious damage to the Plaintiff's reputation which the Plaintiff assesses at Rs. 100,000 but the Plaintiff restricts his claim in this action to Rs. 50,000

The respondents admitted the averments in paragraph 6 of the plaint and denied these contained in paragraph 7. They also pleaded that the publication was made without animus injuriandi and was a fair and accurate report of the remarks made by the magistrate, and that it was privileged.

Ham Menika was about 24 years of age at the time of the inquiry

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