Allahabad HC Quashes Summoning Order Against Dainik Jagran's Editor-In-Chief For An Alleged Defamatory News Item

The Allahabad High Court today quashed a summoning order issued by a Court of the Magistrate against the Editor-In-Chief of the daily newspaper Dainik Jagran, Sanjay Gupta for publishing an alleged defamatory news item.

The Bench of Justice Syed Aftab Husain Rizvi noted that in absence of specific allegations against the Chief Editor, the person holding the post can't be summoned.

The case in brief

Essentially, the opposite party no.2 filed a complaint before the concerned Magistrate alleging therein that a news item was published in Bareilly edition of Dainik Jagaran in April 2016, whereunder defamatory and malicious imputation were made against the complainant.

The Complainant had alleged that the news item in question stated that a case had been registered against the complainant and his brother in connection with an attempt to murder and assault (maarpeet) case, whereas, they are reputed and respected persons and are not involved in any criminal case.

Lastly, it was alleged that through the said news item, the Bureau Chief Devendra Deva, Editor-in-Chief Sanjay Gupta, printer and publisher, and General Manager Anugrah Narain Singh disreputed the complainant.

The complainant examined himself under Section 200 Cr.P.C. and produced other witnesses under section 202 CrPC, and thereafter, the Magistrate summoned the applicant (Gupta) and three others to face trial for offence under section 500 IPC.

Before the Court, the counsel for the applicant argued that the said news item was published on the basis of an FIR wherein the complainant and others were named as accused. It was also submitted that the applicant is not responsible for day-to-day reporting in local editions and same is done under the knowledge and supervision of editors and local reporters.

Court's observations

At the outset, the Court noted that it was undisputed that the applicant is Editor-in-Chief of Jagran Prakashan Ltd and there was no specific averment in relation to him in the complaint.

The Court took into account the observations of the Apex Court in the case of KM Mathew vs. State of Kerala 1991 LawSuit(SC) 598 wherein it was observed that the Chief Editor of a newspaper cannot be prosecuted if there are no positive averments in the complaint regarding his/her culpability.

Further, the Court noted that in the case of Vivek Goenka vs. State of Maharashtra and Another 2007 CRI. L. J. 2194, the Bombay High Court had held that the person whose name is printed as Editor or Resident Editor is responsible for the publication of news item and the Chairman or Managing Editor would not be responsible for the news item published.

In view of this and taking into account the facts of the instant case, the Court observed thus as it quashed the summoning order:

"Being Editor-in-Chief in absence of specific allegations against the applicant the legal bar will apply against him. He cannot be held responsible and prosecuted for any news item published in any edition of the newspaper. The learned Magistrate has failed to consider the legal aspect of the matter and has passed the summoning order, in violation of legal provisions, hence summoning order in respect of the applicant is not sustainable and is liable to be quashed."

Case title - Sanjay Gupta Vs. State Of U.P. And Another
Case Citation: 2022 LiveLaw (AB) 133

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