After Former Judge Apologises, Karnataka High Court Quashes Criminal Defamation Case Against Him

The proceedings were initiated under sections 384/385/389 (extortion), 500/501 (defamation) and 506 (criminal intimidation) IPC on a complaint filed by Advocate MP Noronha.

The case was filed following a press conference held by Justice (retd) Saldana in 2014 with regard to the alleged injustice meted out to one Baptist D'Souza, whose house was demolished by the Jesuit priests belonging to Saint Aloysius college, Mangalore. The press conference was with regard to police inaction, which allegedly caused severe damage to D'Souza's property. Noronha moved the High Court after reading about the press conference in a newspaper.

The quashing plea moved by the former Judge of Bombay and Karnataka High Courts questioned Noronha's locus, stating that he was nowhere related to the incident and even his name was not taken during the press conference.

A single judge bench of Justice NS Sanjay Gowda allowed the petition after the former Judge undertook to "not precipitate this matter any longer".

Taking his statement on record, the Court said “In light of this apology tendered by accused No.3, this would be an appropriate case to quash the proceedings, since accused No.3 has expressed remorse and has given an unconditional apology.”

However, two other accused- Walter J Maben and Suresh Bhat Bhakrabail, did not file their apology affidavit and thus Court refused to quash the proceedings against them.

Appearance: Advocate Dilraj Rohit Sequeria for Petitioner.

HCGP Rashmi Patel for R1.

Advocate Cyril Prasad Pais for R2.

Citation No: 2024 LiveLaw (Kar) 309

Case Title: P B D'Sa & Others AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 5242 OF 2017