Reporting Of Allegations About Official Duties Of Public Figure Not Defamation : J&K&L HC Quashes Complaint Against Arnab Goswami, Aditya Raj Kaul

The Jammu & Kashmir And Ladakh High Court yesterday quashed a defamation complaint filed by the senior leader of Peoples Democratic Party (PDP), Naeem Akhter, against the Editor-in-Chief of Republic TV, Arnab Goswami, and journalist Aditya Raj Kaul.Stressing that the press has a bounden duty to bring to the notice of the viewers and readers the day-to-day events, particularly those relating to public figures and public servants concerning their actions/omissions affecting the public at large, the Bench of Justice Sanjay Dhar observed thus:"...when a journalist publishes accurate and true report in respect of a public figure relating to his public functions, which is already in public domain, it cannot be stated that there was any intention to harm the reputation of such person.""...question that arises for consideration is as to whether reporting of allegations levelled by a senior office bearer of a Public Sector Corporation against a Minister touching the public duties of the said Minister would amount to offence of defamation. The answer to this question has to be in negative. This is so because categorizing as defamation, the publication of allegations/charges concerning public duties of public figure recorded in a letter which is in public domain, would be an unreasonable restriction on the freedom of press guaranteed under Article 19(1)(a) of the Constitution".The Case in briefThe 2018 complaint filed by Akhter, a former J&K Legislative Assembly member, had alleged that on July 4, 2018, Republic TV had broadcast a defamatory and malicious news segment against the Akhter following a letter dated June 21, 2018, written by one Khalid Jahangir, member of Bhartiya Janta Party to the Governor. Essentially, Khalid Jahangir had leveled allegations of corruption and favoritism against a close aide of the former Chief Minister of the State. According to the complainant, even though the letter did not make a mention of the name of any person, yet Arnab Goswami, while reporting about the said letter, deliberately and intentionally mentioned the name of Akhter in connection with the allegations leveled in the letter.It was further alleged that the anchors of the programme i.e., including Aditya Raj Kaul, repeatedly and intentionally, kept on mentioning Akhter's name in connection with the allegations made in the letter.Therefore, alleging that the news segment in question was defamatory and had been made with a mala fide intention to cause irreparable damage to the reputation of the complainant, Akhter filed a defamation complaint u/s 499 and 500 RPC before the court of Chief Judicial Magistrate, SrinagarThereafter, the court took cognizance and initiated the process against petitioners, and also issued bailable warrants for securing their attendance.Petitioners' submissionsChallenging the complaint as well as the proceedings emanating therefrom, the petitioners moved the High Court on the grounds that the allegations of corruption against the complainant were not made by the petitioners but these were made by Mr. Khalid Jahangir in his letter addressed to the Governor.The petitioners further contended that the broadcast was concerning the conduct of a public servant in discharge of his public duties and the same was aired in good faith for public good. It is also contended that the broadcast reported fairly the contents of the letter which contained serious allegations of corruption in relation to the working of the JKPCC and the manner in which contracts/works were awarded to third parties.In light of this, it was submitted that the complaint made by the complainant before the trial Magistrate against them together with the material in support thereof, did not disclose the commission of any offence by the petitionersCourt's observationsAt the outset, stressing that mens rea is a condition precedent to constitute the offence of defamation, the Court observed that for proving the offence of defamation, it must be shown that the accused had the intention or had reason to believe that such imputation would harm the reputation of the complainant. The Court further observed that there has to be an intention or knowledge on the part of the accused to cause harm to the reputation of the complainant. Without intention or knowledge, the offence would not be constituted.Importantly, noting that the Supreme Court has time and again emphasized the importance of freedom of the press in its various judgments, the Court opined thus:"...we have to balance the hand the freedom of press which is encompassed in the fundamental right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution, which is subject to certain restrictions including the one relating to defamation."Against this backdrop, referring to the letter in question containing allegations of corruption and favouritism, the Court said that the Works Minister, referred to in the letter, was none other than...

Reporting Of Allegations About Official Duties Of Public Figure Not Defamation : J&K&L HC Quashes Complaint Against Arnab Goswami, Aditya Raj Kaul

Sparsh Upadhyay

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