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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Mamata alleges BJP disrupted her Bhabanipur rally, Suvendu claims 'she's nervous'
Kolkata (PTI): Chief Minister Mamata Banerjee cut short her speech at a rally in her Bhabanipur constituency, alleging that the BJP was deliberately playing loud music from a nearby public meeting.
A peeved Banerjee said despite having the required permission of the Election Commission, her rally in Chakraberia was disrupted by the BJP, "who want to capture Bengal by intimidation and threat".
"It is not possible for me to go ahead with this meeting. If they can do such a thing in my constituency, imagine how undemocratic the BJP is. If they behave like this, I have to take legal action," she said.
"This is an insult, humiliation. BJP is stepping on our toes to instigate trouble. Not possible to address the gathering in this situation. I am leaving the stage. Please vote for me in your protest," she added.
Banerjee was then seen calling someone over and venting her grievances.
Before leaving the stage, she said, "I will hold a rally tomorrow at the same spot."
TMC supporters then rushed towards the BJP rally, which was later addressed by Leader of the Opposition Suvendu Adhikari, but security personnel intervened and prevented the situation from escalating.
TMC workers later staged a demonstration outside the local police station and filed a complaint, alleging that the BJP violated the model code of conduct.
A senior TMC leader said another complaint will also be lodged with the Election Commission.
Asked about Banerjee's allegations, Adhikari told reporters after the rally he held nearby, "Her reaction shows she is nervous about the imminent loss."
"There was no violence, no obstruction in her meeting and her behaviour shows her nervousness. On May 4, people of Bhabanipur will celebrate the victory of the BJP," he claimed, alleging that the TMC also tried to disrupt his meeting by playing loud music.
South Kolkata's Bhabanipur, one of the battleground seats in the West Bengal elections, will vote in the second phase on April 29.
