Bombay HC Vijay Darda V State of Maharashtra
Bombay HC Vijay Darda V State of Maharashtra
Bombay HC Vijay Darda V State of Maharashtra
com)
(1) cri appln 2032.09
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2032 OF 2009
1. Vijay Jawaharlalji Darda,
Age 58 years, Occu Business,
R/o Lokmat Bhavan,
Nagpur.
2. Rajendra Jawaharlalji Darda,
Age 56 years, Occu Business,
R/o Lokmat Bhavan,
Nagpur.
3. Sudhir Prabhakar Mahajan,
Age 50 years, Occu Service,
R/o 11, Akshada Apartments,
Aadarsha Nagar, Jalgaon.
4. Pramod Bhimsing Patil,
Age 49 years, Occu Service,
R/o Kasoda, Tq.. Erandol,
Dist. Jalgaon. … APPLICANTS
Versus
1. State of Maharashtra
2. Vijay Bapu Patil,
Age 40 years, Occ. Nil,
R/o Shop No.49, Ambedkar Market,
Jalgaon. … RESPONDENT
...
Advocate for Applicants : Mr. Satyajit S. Bora.
A.P.P. for Respondent/State : Mr. B.V. Virdhe.
Advocate for Respondent no.2: Mr. Vijay B. Patil.
...
(2) cri appln 2032.09
CORAM : MANGESH S. PATIL, J.
RESERVED ON: 04.09.2019
PRONOUNCED ON: 04.10.2019
JUDGMENT :
Section 482 of the Code of Criminal Procedure and under Article 226 and 227
No.2223 of 2008 lodged by the respondent no.2 for the offence punishable
under Section 500 of the Indian Penal Code in respect of a news item
published by them on 11.07.2008 in their news paper 'Lokmat'. The applicant
no.1 is the Chairman, applicant no.2 is the Chief Editor, applicant no.3 is the
Editor and the applicant no.4 is the reporter from village Kasoda Taluka
Erandol, District Jalgaon.
2. The respondent no.2 filed a private complaint in the Court of the
Chief Judicial Magistrate, Jalgaon alleging that in 'Lokmat' dated 11.07.2008 a
news item was published on the front page under the caption 'Narbali cha
pryatna' (Attempt at Human Sacrifice) with a sub heading 'Jalu Gramsthanche
Madtine Vachale Balkache Pran' (A Child survives death scare because of
alertness of Jalu villagers). The respondent no.2 claimed to be a social worker
and a Founder President of Akhil Bhartiya Rajarshree Shahu Brigade, Jalgaon,
which has been registered as a union at Nashik. There are number of
(3) cri appln 2032.09
alleged that under above caption a news was published mentioning that the
respondent no.2 and ten members of his organization were taken to the police
police could not collect any evidence and did not register any crime. In spite
of that the news item was published. This was done by the applicants with
intent to harm his reputation and the reputation of his organization. As a
result of such a news item many persons started spreading rumours and
started questioning him about the contents of the news item. He is defamed.
He has been put to disrepute. He thereafter alleged that on 17.07.2008 he
sent a notice to the applicants through his advocate and demanded the
particulars on the basis of which the news item was published. However they
did not respond and therefore they were liable to be punished. The learned
Magistrate recorded the statement under verification and by the order dated
28.08.2008 directed the process to be issued.
3. The learned advocate for the applicants submits that it is a fact
that a news item was published as was alleged on 11.07.2008 in the news
paper 'Lokmat' (ExhibitC). There is no question about disputing this fact and
the news item is very well there to be read and must have been read by many
persons. However, according to the learned advocate, what was published
(4) cri appln 2032.09
was merely a report about the incident and no opinion was expressed. It was
associates were indeed found moving in the village as a group with a boy
named in the news item. The villagers suspected that the child was being
carried by these people for sacrifice and one human skull was found. The
persons were accosted by the villagers. The villagers assaulted them and took
them to police station and the process of registering crime was going on till
late in the night and Sub Inspector Khan of Bhadgaon was inquiring into it.
He would further submit that it was a candid reporting in as much as even the
version of the respondent and his associates to police that they had come
there for a party was also mentioned in the news item.
4. The learned advocate would submit that further inquiry by the
was true. The respondent no.2 and his associates were assaulted by the
villagers and were produced before the police. The boy was with them aged
between 810 years and the villagers perceived that the boy was being taken
for sacrifice. The matter was inquired into by SubInspector Farooq Khan and
on verification it was transpired that it was a matter of misunderstanding.
They all had gathered there for a party. The boy was in fact was a nephew of
one of them Sambhaji. They all were proceeding for a party but since it was
(5) cri appln 2032.09
being held in a field the villagers perceived that it was some attempt at human
sacrifice. The police also informed him about having inquired with the
respondent by invoking the provisions of Section 68 of the Mumbai Police Act
and having allowed them to let go under Section 69. Such a news explaining
same daily. It is thus quite clear that it was a sheer misunderstanding and the
news item was in fact a truthful disclosure of the happenings.
5. The learned advocate would submit that the complaint is devoid
of any allegations that the applicants were harbouring some grudge against
him and his associates and had published the news item to settle some score
under First exception to Section 499 which saves such true publication of a
news item made in public good and was done in good faith and would also
fall under Ninth exception, since the news was published in good faith for the
protection of public at large and since it was seriously thought to be a case of
human sacrifice.
6. The learned advocate for the applicants then placed reliance on
the decision in the case of Jawaharlal Darda and Ors. Vs. Manoharrao
Ganpatrao Kapsikar and Anr.; AIR 1998 Supreme Court 2117, Dilip
(6) cri appln 2032.09
Babasaheb Londhe and Ors. Vs. State and Ors; 2013 ALL M.R. (Cri.) 4302
and the decision of a coordinate bench of this Court in Criminal Application
Mirza Afzal Baig s/o. Mirza Anvar Baig (Aurangabad Bench).
once publication of the news item is brought on record. The contents of the
news item clearly show that the respondent no.2 and his associates were
clearly named therein to be the persons conveying to the public at large that
they were nabbed by the villagers by suspecting that they were indulging in
some inhuman act like human sacrifice. At this juncture this is sufficient to
infer that it has the tendency of putting the respondent no.2 and his associates
to disrepute and had a tendency to lower their reputation in the esteems of
others as defined under Section 499 of the Indian Penal Code.
intentionally is a pure question of fact which can only be gone into and
decided after extending sufficient opportunity to the respondent no.2 to prove
his allegations. Similarly, whether or not they had published it for public good
is again a question of fact as laid down in the first exception to Section 499 of
the Indian Penal Code and being a question of fact, it could be decided only at
a fullfledged trial. Consequently, when only the cognizance has been taken
(7) cri appln 2032.09
by the Magistrate and a process has been issued, it cannot be concluded that
the applicants had acted bona fide and had published the news item in good
faith.
have merely reported the incident without mentioning the names of the
persons i.e. the respondent no.2 and his associates even if it was a fact that
they were accosted by the villagers and were taken to the police station. If
really the applicants were having some bona fides they should have waited for
things to be clarified by police which according to them was done on the next
day. The fact that the news was published hurriedly without such verification
is demonstrative of the fact that they had not acted in good faith and the
knowledge of the consequences of such serious imputations in a news item on
the front page of the newspaper is sufficient to attribute knowledge on the
part of the applicants that the contents of the news item had the potential to
lower the reputation of the respondents in the esteems of others. Therefore
the respondent no.2 deserves to be allowed to proceed with the trial and to
lead evidence to substantiate the allegations. The facts prima facie make out a
case of defamation and cannot be said to be an abuse of the process of law so
as to quash and set aside the complaint itself.
10. I have carefully gone through the papers and particularly the
(8) cri appln 2032.09
news item. To repeat in brief, the news item clearly mentions that the
respondent no.2 and his associates were accompanied by a child and were
present in a field nearby the village, the villagers perceived that they were
about to give a human sacrifice and had assaulted them and had taken them
to the police station. One can easily attribute knowledge of the consequences
juncture, one need not delve much in this aspect and the contents of the news
item indeed can easily be said to have lower the reputation of the respondent
no.1 in the esteems of others and the knowledge of such consequence can
easily be imputable to the persons who have published the news.
inquired with the police on the next day i.e. 12.07.2008 and received a reply
mentioning that indeed such an incident had taken place but it was a case of
misunderstanding and the respondent no.2 and his associates were allowed to
go after some inquiry. It was also informed by the Assistant Police Inspector of
Kasoda Police Station by his reply dated 26.11.2008 under his signature and
seal of the office that the respondent no.2 and his associates were brought to
the police station at 4.00 a.m. of 11.07.2008 and were let go at 13.05 hours
after inquiry. It is also true that a detail news was again published in the same
daily on 12.07.2008 giving all these details mentioning as to how the incident
(9) cri appln 2032.09
had put the respondent no.2 and his associates to the assault and lots of
merely reported the true state of affairs, still, the question here would be as to
if the case of the applicants can be said to fall under the relevant exceptions
i.e. the First exception and the Tenth exception. The exceptions read as
under:
12. As can be seen from the First exception, whether or not the
statement or imputation is for the public good is a question of fact. Both these
exceptions save the imputations which are made in public good. It being a
pure question of fact, as has been observed in the case of Dilip Babasaheb
Londhe (supra), it would be appropriate to leave it for the decision at the trial
( 10 ) cri appln 2032.09
suitable opportunity to both the sides to lead evidence.
(1981) 3 Supreme Court Cases 208, journalist do not enjoy some kind of
special privilege or have a greater freedom than others to make imputations or
allegations, sufficient to ruin the reputation of a citizen. They are in no better
position than any other person. Truth of an allegation does not permit a
justification under First exception unless it is proved to be in public good. The
question whether or not it was for public good is a question of fact which
needs to be proved like any other relevant fact. Bearing in mind these
principles, without intending to traverse the jurisdiction of the Magistrate to
inquire into and decide the issue, publishing names of the respondent no.2
and his associates in a news item which could have been published by deleting
the names is indeed a material circumstance which will have to be borne in
mind by the Magistrate during the trial. At this juncture, in my considered
view, publication of such item which has the potential of putting the
respondent no.2 to disrepute and to lower him in the esteems of the others is
prima facie sufficient to constitute defamation as defined under Section 499 of
the Indian Penal Code and the doors cannot be shut at the threshold.
14. However, toeing the line of decision of a coordinate bench of this
Court in the case of Dilip Babasaheb Londhe (supra) it can certainly be said
( 11 ) cri appln 2032.09
that the applicant no.1 being Chairman, applicant no.2 being the Chief Editor
could not have any direct role and responsibility in publishing the news item.
It must have been the responsibility of the applicant no.3 who was the Editor
and the applicant no.4 who was the news reporter of publishing such a news.
Therefore, no fault can be found in the impugned order directing the process
to be issued to the extent of applicant nos. 3 and 4 but the complaint deserves
to be quashed qua the applicant nos. 1 and 2. To the extent of applicant nos.
3 and 4 the complaint cannot be quashed in the facts and circumstances of the
case.
rendered in respect of a news item published in the same daily, which was in
the form of a reporting of the answers/replies given by the Minister on the
floor of the house in respect of misappropriation of Government funds meant
for some irrigation projects. In those peculiar facts and circumstances it was
found that it was published in public good and the complaint was quashed.
16. In the case of Dinkar Keshvrao Raikar (supra), a news item was
published in the same daily mentioning that the complainant therein was a
practising advocate and he and another advocate were detained by police and
were in lockup till next morning in respect of assault on some advocates and
closure of functioning of the Court at the instance of the advocates. In the
( 12 ) cri appln 2032.09
peculiar facts and circumstances obtaining therein the brother Judge had
found that a bare reading of the news item did not reveal necessary
complaint was quashed.
demonstrated herein above as to how prima facie there is material to show the
offence of defamation having been committed. Therefore the applicant nos. 3
and 4 are not entitled to derive any benefit from these decisions.
by the respondent no.2 in the Court of the Judicial Magistrate under Section
500 of the Code of Criminal Procedure is quashed and set aside to the extent
of the applicant nos. 1 and 2.
even in respect of applicant nos. 3 and 4 is dismissed. The Rule is accordingly
made absolute.
[MANGESH S. PATIL, J.]
KAKADE