SC quashes defamation proceedings in case filed by lawyer against newspaper owner
New Delhi (PTI): The Supreme Court has quashed criminal defamation proceedings in a case filed by a lawyer against the owner of a daily, noting that the contested news article was published in good faith and in exercise of the Right of Freedom of Speech and Expression.
A bench of Justices B R Gavai and Sandeep Mehta said the order passed by the Magistrate First Class, Hoshangabad, rejecting the complainant's contentions is a well-reasoned order.
"We have considered the submissions advanced on behalf of the appellant and have gone through the material placed on record including the orders passed by the Courts below as well as the High Court.
"The news article in question was published in good faith and in exercise of the Fundamental Right of Freedom of Speech and Expression enshrined under Article 19(1)(a) of the Constitution of India," the bench said.
The top court said the view taken by the Magistrate cannot be termed illegal or unjustified, warranting interference by the High Court in exercise of the revisional jurisdiction.
The complaint stated that the accused, who is the registered owner of a Daily newspaper named Sunday Blast' having its registered office at Malviya Hospital, Kothi Bazar, Hoshangabad Tehsil and District Hoshangabad, allowed a news article to be published in its February 24, 2013 edition bearing a title "Advocate ne pan masala vyavasayi par karaya jhuta mamla darj (Advocate lodges false complaint against a pan masala trader)".
The lawyer filed the complaint in the Court of Judicial Magistrate First Class, Hoshangabad. He alleged the newspaper owner allowed the said article to be published without ascertaining facts which harmed his reputation.
The Magistrate, after considering the averments made in the complaint and the statement of witnesses examined under Sections 200 and 202 of Code of Criminal Procedure, rejected the same.
The complainant filed a revision against the order which came to be allowed by the Additional Sessions Judge, Hoshangabad. The order passed by the Magistrate was reversed.
The accused-owner then challenged the said order before the High Court of Madhya Pradesh which dismissed it. The newspaper owner then moved the Supreme Court.
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Put petty politics aside; it's not about one party, but India: Rahul on TMC's loss in polls
New Delhi (PTI): Congress leader Rahul Gandhi on Tuesday termed the BJP's victory in Bengal and Assam assembly polls a "theft" of the mandate, and a big step forward in the saffron party's mission to "destroy" Indian democracy.
Gandhi also came out in support of the TMC, which has been trounced by the BJP in the polls, and urged those gloating over the loss of Mamata Banerjee's party to put petty politics aside.
"Some in the Congress, and others, are gloating about TMC's loss.They need to understand this clearly - the theft of Assam and Bengal's mandate is a big step forward by the BJP in its mission to destroy Indian democracy," Gandhi said in a post on X.
"Put petty politics aside. This is not about one party or another. This is about India," he said in his post.
The BJP ousted Trinamool Congress from power in Bengal and captured power for the third time in a row in Assam in results of assembly polls declared on Monday.
