'Her Photos Were Repeatedly Shown' : Supreme Court Dismisses Asianet News Plea To Quash Divya Spandana's Defamation Complaint
Anmol Kaur Bawa
2 Aug 2024 12:56 PM GMT
The Supreme Court today (August 2) dismissed the petition filed by Asianet News Network, Kannada channel Asianet Suvarna News and journalist Vishweshwar Bhat challenging the Karnataka High Court's refusal to quash the criminal defamation complaint filed by actor Divya Spandana for allegedly linking her to IPL spot-fixing scam.
The bench of CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra, hearing the plea by Asianet, noted that the news bulletin repeatedly mentioned the actress's photos and videos during the telecast and a genuine case to quash the defamation proceedings wasn't made out.
"She has been repeatedly mentioned in the bulletin, her photos and videos were being shown in the telecast, how can we quash the order?"
The Counsel for the petitioners however contended that the telecast nowhere mentioned her involvement in the betting scam. However, the bench refused to entertain the matter any further.
"We cannot quash the complaint, we will not entertain (the SLP)"
Spandana had filed a defamation case against the petitioners under S. 500 of the IPC over the bulletin titled 'Betting Queens' which allegedly suggested her involvement in the betting scam. The Trial Court, after recording the sworn statement of the complainant, issued a summons to the accused by order dated 13.06.2016.
It was alleged that the accused on 31.05.2013 had telecast the news of the alleged involvement of the Kannada Film Actresses in the betting and spot-fixing scandal and the complainant was time and again named and her photos and videos were shown while the news was being telecasted.
Order Of The High Court
The bench of Justice S Vishwajit Shetty rejected the contention that petitioners fell under the fourth exception to Section 499 of IPC, and could not be prosecuted for the offences punishable under Section 500 IPC.
The court held that the petitioners failed to produce any material to show that there were any proceedings against the complainant regarding her involvement with cricket betting or spot-fixing.
It stated that to fall within the fourth exception to Section 499 IPC, the publication should have been a substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings, but since the petitioners failed to produce any such material before the Court, their contention was rejected.
The bench noted Section 499 IPC, and said “According to the complainant, the accused persons have made visible representation depicting as if the petitioner was involved in cricket betting and spot fixing, knowing very well or having reason to believe that the same is likely to cause damage to the reputation of the complainant. Therefore, it cannot be said that there is no prima facie case against the accused to stand trial for the offence punishable under Section 500 of IPC.”
Case Details: ASIANET NEWS NETWORK PVT. LTD. AND ORS. Versus DIVYA SPANDANA @ RAMYA SLP(Crl) No. 9517/2024
