No Criminal Proceedings Can Lie For 'Defamation' Of Banned Organisation Like PFI, Kerala High Court Grants Relief To Media House

Justice P.V.Kunhikrishnan observed that PFI is a banned association in India; therefore, defamation cannot be alleged against a banned organization, since it has no legal entity. While quashing the defamation case against the media house, the Court observed that a banned organization cannot raise a complaint of defamation.

“the Popular Front of India may come within the definition of 'person' as defined in Section 499 of the Indian Penal Code. But when 'the Popular Front of India' itself is banned in India by the Central Government, such a banned association will not come within the purview of Section 499 of the Indian Penal Code, because, a banned association has no legal entity. For that simple reason, I am of the considered opinion that the prosecution against the petitioners is to be quashed.”

As per the facts, the General Secretary of PFI alleged that Bharat Prakashan (Delhi) Limited, a public limited media house has published a defamatory article against them. It was alleged that the article stated that PFI is a new avatar of the banned organization Students Islamic Movement of India (SIMI). It was alleged that the article stated that PFI has played a role in promoting love-jihad and that they were involved in serious crimes like Jammu and Kashmir terrorist recruitment in 2008, Bangalore Serial Blasts, Hand Chopping of Professor T.J.Joseph etc.

The crime was registered against the media house and its authorized persons by the PFI General Secretary under Sections 499 and 500 of the IPC.

The Court observed that the central government has declared PFI as a banned association in India, and thus petitioners cannot be prosecuted for an offence of defamation.

Court stated, “The Ministry of Home Affairs, as per S.O. 4559(E) dated 27.09.2022, declared that the Central Government, having regard to the circumstances mentioned in the above order, in exercise of the powers conferred by sub-section 1 of Section 3 of the Unlawful Activities (Prevention) Act, 1967, declared the Popular Front of India and its associates or affiliates or fronts including Rehab India Foundation, Campus Front of India, All India Imams Council, National Confederation of Human Rights Organization, National Women's Front, Junior Front, Empower India Foundation and Rehab Foundation, Kerala as an “unlawful association”.”

Further, the Court stated that the article only makes certain allegations which are available in the public domain also.

The Court thus quashed the defamation complaint and all proceedings against the petitioners.

Counsel for Petitioners: Advocates Sasthamangalam S. Ajithkumar, V.S.Thoshin

Counsel for Respondents: Advocate E A Haris, Public Prosecutor Sangeetharaj N R

Case Number: CRL.MC NO. 1850 OF 2019

Case Title: Bharat Prakashan (Delhi) Ltd. v CP Mohammed Basheer

Citation: 2024 LiveLaw (Ker) 764