No Reason To Believe That Imputation Would Harm Reputation: Kerala HC Quashes Defamation Case Against Editor & Publisher Of Newspaper
|The Kerala High Court quashed a defamation case against the Editor and Publisher of a Newspaper saying that there is no reason to believe that the imputation would harm reputation.
The Court was dealing with a batch of criminal miscellaneous cases filed under Section 482 of the Criminal Procedure Code (CrPC) seeking quashing of the proceedings before the Judicial Magistrate First Class (JMFC).
A Single Bench of Justice A. Badharudeen said, “In such a case, it could not be held that the editor and publisher, who published the news, published the same with a requisite intention or knowledge or reason to believe that the imputation would harm the reputation of the neighbor, in any manner and as such no offence under Section 499 of IPC, prima facie, made out against the petitioners.”
Advocate K. Rakesh represented the petitioners while Public Prosecutor Nima Jacob represented the respondents.
Factual Background -
The prosecution allegation was that the accused persons being the Editor and Publisher of Madhyamam Daily published a news item in 2016 in its newspaper as against the respondent stating that the wife of one Jayakumar who was an accused in a crime died due to harassment of the said respondent. The published news stated that the said young lady committed suicide due to financial crisis and due to mental persecution of her neighbour. It was alleged that the neighbour took nude photos of the lady who committed suicide.
The husband of the lady made complaint before the police station in this regard but no case was registered. Then, people of the locality protested and resisted the burial of the dead body without arresting the neighbour. Thereafter, the neighbour was arrested and the names of neighbour and her husband were disclosed in the news published. The question before the High Court was whether such a news was published with a requisite intention or knowledge or reason to believe that the imputation would harm the reputation of the neighbour/respondent.
The High Court in the above context of the case noted, “Reading the alleged imputation, what is reported is the protest by the people in the locality and the allegation raised by them for the said protest. That apart, Jayakumar stated that he had given complaint also before the Police in this regard. Later, C.I. of Police reached and arrested the lady.”
The Court added that the proceedings as against the petitioners are liable to be quashed for want of the requisite intention or knowledge or reason to believe that the imputation would harm the reputation of the respondent (neighbour), in any manner.
Accordingly, the High Court allowed the petitions and quashed the proceedings against the petitioners.
Cause Title- O. Abdul Rahiman v. State of Kerala & Anr. (Neutral Citation: 2024:KER:47871)