Karnataka High Court Convicts Newspaper Editor For Defamatory Articles Against Police Inspector; Sets Aside Trial Court Acquittal
The Karnataka High Court has convicted an Editor of a newspaper for publishing defamatory articles in the newspaper against a circle Inspector of police at K.R. Police Station at Mysuru.Justice S Rachaiah said “Allegations are made against an officer and failed to prove any one of such allegations by producing any complaints by public amounts to defamation.”The court allowed the appeal...
The Karnataka High Court has convicted an Editor of a newspaper for publishing defamatory articles in the newspaper against a circle Inspector of police at K.R. Police Station at Mysuru.
Justice S Rachaiah said “Allegations are made against an officer and failed to prove any one of such allegations by producing any complaints by public amounts to defamation.”
The court allowed the appeal filed by the Officer S N Suresh Babu and convicted T Gururaj, Editor of the Hello Mysore Newspaper. The court said, “The respondent is convicted for the offence punishable under Section 500 of IPC and he is sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.2,000. Further, the respondent is convicted for the offence punishable under Section 501 of IPC and he is sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.2,000.”
The appellant had, as part of his official duty, arrested the respondent/accused and sent him to the concerned court. The respondent, being annoyed about his arrest, intended to take vengeance against the appellant/complainant, who had published defamatory articles in the newspaper on 03.08.2004. Subsequently, again, he made certain allegations, which made the appellant suffer in the eyes of family members and relatives and also the public at large.
Thus, the appellant filed a complaint with the magistrate. The trial court, on considering the evidence and records, acquitted the accused. Following this, an appeal was filed.
It was argued that the respondent made reckless and baseless allegations. However, the Trial court failed to take note of the said facts and also failed to appreciate the evidence properly, resulting in passing the impugned judgment, which is liable to be set aside.
The respondent defended the order, submitting that publications published in the magazine owned by the respondent did not contain any defamatory words. In fact, it is the message given to the erring officer to set right the system, in the interest of the public.
The bench noted that the respondent had published defamatory words stating that the appellant was receiving bribes and allowing the persons to play a single-number lottery. Further, it was published that the appellant was receiving the amount illegally from the parking agents by allowing them to park the vehicles near Chamundi Hill. The said statements published in the paper belonging to the respondent were denied, and no action was initiated by the higher authorities on the said issues.
Court stated that the position of law is well settled that, once the publication is proved to be defamatory in nature, the burden would be shifted to the person in whose publications such statements are published to prove that it was published in the interest of the public.
The court held, “On careful reading of the evidence of both oral and documentary on record, it appears that the respondent has published the words or statements in his newspaper which cause or harm the reputation of the appellant. Making baseless allegations to defame the dignity of an individual, certainly, would amount to defamation. Hence, the findings of the Trial Court are liable to be set aside.”
Appearance: Advocates Chethan B and Syed Amjad for Appellant
Advocate Shankarappa for Respondent.
Citation No: 2025 LiveLaw (Kar) 383
Case Title: S N Suresh Babu AND T Gururaj
Case No: CRIMINAL APPEAL NO. 1094 OF 2013