People's Representative Expressing Concern Over Murder Probe, Asking Govt To Take Strict Action Not Defamation: Kerala High Court

The Kerala High Court while quashing the criminal complaint filed against Ex-MLA from Azhikode Constituency KM Shaji for alleged defamatory statements in connection with the Ariyil Shukoor murder case observed that a people's representative merely expressing concern over the conduct of probe cannot be said to be defamation.The complaint filed two-time member of the Kerala Legislative Assembly and the Kannur District Committee Secretary of CPI(M) P. Jayarajan also named Malayala Manorama Daily's Managing Editor and Publisher for carrying Shaji's statements.Justice C.S. Dias observed KM Shaji has not made defamatory statements against P. Jayarajan but, being a representative of the people, has only appealed to the Government for a comprehensive investigation into death of Sarish, who was the accused in Ariyil Shukoor murder case. The bench observed,“...Annexures 2 and 3 news items prima facie substantiate that the first accused [Shaji] had only demanded the Government to conduct a comprehensive investigation into the purported suicide of one Sarish, an accused in a murder case, and seriously look into the increasing numbers of murders occurring in Kannur, and he expressed his concern in the accused in such cases, including the complainant, being charged with minor offences. It is to be remembered that the first accused was an elected representative (MLA) of the people of Azhikode constituency , one of the assembly constituencies in Kannur District. Being a representative of the people of his constituency, he appealed to the Government, for and on behalf of the masses, to take strict action against the perpetrators, to deter such persons from indulging in gruesome murders.”The Court held that the statements made by KM Shaji, by no stretch of imagination, would attract an offence of defamation punishable under Sections 499 and 500 of IPC.The complaint against the accused persons was under Section 499 (defamation) and Section 500 (punishment for defamation) of IPC read with Section 34 of IPC (common intention). The allegation was that on October 8, 2012, KM Shaji made certain defamatory statements against P. Jayarajan in a press conference and the abridged version of it was published in Malayala Manorama and Chandrika Daily. The allegation was that KM Shaji sought for investigation into the death of Sarish, who was the accused in the murder of Muslim League Worker, Ariyil Shukoor. There were allegations that P. Jayarajan was involved in the murder of Ariyil Shukoor. The allegations against Malayala Manorama and Chandrika Daily were that they published these defamatory statements against the P. Jayarajan and caused grave injury to his reputation. The accused persons approached the High Court for quashing the FIR and further proceedings under Section 482 of CrPC.The Counsel for the accused persons contended that even if the entire allegations against them were true, an offence of defamation under Section 499 IPC would not be made out. It was submitted that the ingredients of defamation under Section 499 IPC were not proved. It was also contended that the complaint infringed the petitioners’ fundamental right to free speech and expression. The Counsel for the respondents submitted that the matter has to be decided by the Trial Court and not under a Section 482 proceeding by the High Court.The Court stated that the publication of an imputation should harm the reputation of any person and defame him for attracting an offence under Section 499 of IPC. The Court stated that the real test for identification of a defamatory statement was to check whether the imputations made would lower and defame the moral, intellectual, character, cast, calling or credit of the person before others. It stated that the complaint filed against the accused persons does not make out an offence of defamation. The Court perused the newspaper articles published which allegedly carried defamatory news against the P. Jayarajan and stated that it does not contain defamatory imputations. It noted that the statements were not made with mens rea to harm the reputation of P. Jayarajan. The Court observed that KM Shaji, being an Ex-MLA has only expressed his serious concerns regarding the increasing numbers of political murders taking place in Kannur. It noted that KM Shaji has appealed to the government for investigation into the suicide of Sarish, who was the accused in the Ariyil Shukoor murder case. The Court noted that the above statements cannot attract an offence of defamation under Section 499 of IPC. On the above observations, the Court quashed the criminal complaint against KM Shaji and Malayala Manorama Daily's Managing Editor and PublisherCounsel for the accused: Senior Advocate Sumathy Dandapani, Advocates Millu Dandapani in Crl Mc 727/2015 and Advocates Santhosh Mathew, Arun Thomas, Jennis Stephen, S. Kabeer, Sathish Ninan, Babu S Nair in Crl MC 3355/2015Counsel for the respondents: Public Prosecutor Seetha S, Advocates Ben Tom, Lizamma ...

People's Representative Expressing Concern Over Murder Probe, Asking Govt To Take Strict Action Not Defamation: Kerala High Court

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