Punjab & Haryana High Court Quashes Defamation Case Against Journalists For Reporting CM Bhagwant Mann's Statement Against Then MLA

The Punjab & Haryana High Court has quashed a defamation case filed against former Editor-in-Chief of The Tribune newspaper, and other journalist for reporting a statement made by Chief Minister Bhagwant Singh Mann in 2019 against then Aam Aadmi Party (AAP) MLA Nazar Singh Manshahia.

As per the report, Bhagwant Mann, the then Punjab AAP chief and Sangrur MP, had said that Congress leaders had offered some money and position to MLA Nazar Singh Manshahia.

Justice Tribhuvan Dahiya said,

"there is no such allegation in the entire complaint against the petitioners, and the complainant in his testimony before the CJM has only reiterated his version given in the complaint. Further, no material has been brought on record to even prima facie indicate that the petitioners had reported or published the imputation concerning the complainant to harm his reputation, or knowing or having reason to believe that it would cause harm to his reputation."

The Court noted that the reason cited by the CJM in the impugned order, dated 14.12.2020, “...despite having knowledge or reason to believe that such an imputation will harm the reputation of the complainant, communicated it further for Printing and Publishing...” is without any evidence at all, and that is why none finds reference in support thereof.

"In the absence of any material indicating the petitioners' complicity in the case, there was no occasion to summon them to face trial; the order is, accordingly, groundless and unsustainable," added the judge.

The complaint alleged that Rajesh Ramachandran who was working as Editor of newspaper 'The Tribune (English)', and Parvesh Sharma was working as its Principal Correspondent, posted at district Sangrur, Dr. Swaraj Bir Singh was working as Editor of newspaper 'The Punjabi Tribune', and reporter Gurdeep Singh Lali had published false allegations against Manshahia, who never received the amount as alleged, only to harass, humiliate and defame him.

Justice Dahiya opined that, "As allegations in the complaint even if accepted in entirety do not constitute the offences under Section 499 to 502 IPC, summoning the petitioners to face trial will be an abuse of the process of Court, and a travesty of justice."

The Court also highlighted that to constitute 'defamation' under Section 499 IPC, the allegation must have been made with intention to harm or knowing or having reason to believe that it will harm the person's reputation.

Reliance was placed upon N. Ram, Editor-in-chief and publisher of 'The Hindu' and others v. Rashtriya Swayamsewak Sangh, Haryana Prant, through its Prant Sangh Chalak and another, wherein similar allegation of defamation against the editor of a national newspaper was dealt with, and the Magistrate's order summoning the accused to face trial under Sections 499 to 501 IPC was set aside for the reason there was no intention to defame the complainant in publishing the news. 

In view of the discussion, the petitions were allowed and Criminal complaint under Sections 500 and 120-B of IPC read with Sections 66 and 67 of the Information Technology Act, and all consequential proceedings were quashed.

Mr. Manu K. Bhandari, Advocate, Mr. Rohit Kataria, Advocate, and

Mr. Arjun Sawhni, Advocate, for the petitioners.

Mr. Satjot Singh Chahal, AAG, Punjab,

Mr. P.S. Dhaliwal, Advocate, for respondent no.2/complainant.

Title: Raiesh Ramachandran and another v. State of Puniab and another

Click here to read/download the order