Last Updated on January 9, 2024 by News Desk
Issue:- The plea was being heard where the petitioner, who was the owner of a newspaper, sought the quashing of a complaint and the proceedings that emanated from it.
Facts:- The complaint was made by a retired IGP before the trial court whereby he alleged that the petitioner maliciously carried out false and defamatory news items against the complainant, harming his name and the goodwill enjoyed by him in society.
Analysis:- The court remarked that when the article is read in totality it clearly shows that the intention is to defame, which is also visible by the nature of the headlines.
Justice Koul mentioned that the material that was collected by the petitioner was not published purely with the information received, as there was an addition of the opinion and interpretation of the petitioner.
The court said the same cannot be protected under Article 19 as the right to free speech.
Observation:- The publication of defamatory material against a private citizen where no public good is involved is not a defense, as was remarked by Justice Vinod Chaterjee Koul.
Judgment:– The inherent powers of the court under crpc were not invoked.
Conclusion:- The Jammu and Kashmir and Ladakh HC, while cautioning the press has given the observation that the content that is published by the press must be duly verified and it has to have sufficient reason to believe that it is true and serves the public good.
Case Title: Case Title: Pritam Chand alias Pritam Singh Vs Dr. Kamal Saini.
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
