Both Mens Rea & Actus Reus Missing: Allahabad HC Quashes Defamation Case Against MP Brij Bhushan Sharan Singh
The Allahabad High Court has quashed a criminal defamation case filed against MP Brij Bhushan Sharan Singh.
In that context, the Bench of Justice Faiz Alam Khan observed that, "In view of the facts and circumstance of the case, the impugned letters appears to have not been written or communicated to complainant and as stated earlier, these letters appears to be confidential and privileged communication and there is no material on record, which may suggest even remotely that it is applicant, who had caused these letters published in the print media or digital media or on social media platforms. Thus, ingredients of Section 499 I.P.C. are not attracting in this case and in the facts and circumstances of the present case, I am satisfied that proceedings of the case have been initiated without there being any sufficient grounds."
Counsel Sachin Upadhyay, along with others, appeared for the applicant, while GA Arvind Kumar Tewari, along with others, appeared for the opposite party.
Lok Sabha MP Brij Bhushan Sharan Singh was accused of defaming Dr. Kamran by allegedly writing letters to the Chief Minister, stating that Dr. Kamran was involved in serious criminal cases. The letters claimed that Dr. Kamran faced charges related to conspiracy, extortion, intimidation, theft, and molestation, and also accused him of using multiple addresses and working as a freelance journalist while pursuing his LLB. Singh's circulation of these letters in print and digital media allegedly tarnished Dr. Kamran's reputation.
Upon Dr. Kamran's complaint, the Additional Chief Judicial Magistrate summoned Singh to face trial under Section 500 of the Indian Penal Code (IPC).
Singh challenged this order in the High Court, arguing that the Trial Court did not consider the amended provision of Section 202 of the Code of Criminal Procedure (CrPC), which mandates an inquiry or investigation to determine sufficient grounds for proceeding, especially since Singh resided in another district. Singh also contended that the order lacked proper application of mind and was solely based on statements recorded under Sections 200 and 202 of the CrPC. Additionally, Singh denied leaking the confidential letters to the media.
Dr. Kamran's counsel argued that the publication of the letters in newspapers caused significant harm to Dr. Kamran's reputation and credibility among friends, relatives, and the public.
The High Court observed that both mens rea and actus reas were missing in the case. In that context, it was said that, "Having regard to the fact that complainant has produced only two witnesses, who have given shaky evidence pertaining to the loss of reputation of applicant and no investigation is ordered by the trial Court under Section 202 Cr.P.C. and the language used in the letters coupled with the fact that these letters appear to be confidential letters, there appears neither any intent on the part of applicant to cause harm to the reputation of the complainant nor any actual harm appears to have been caused to the reputation of complainant."
Subsequently, the Court allowed the petition, while observing that, "The Trial Court fails in not discussing the ingredients of the offence and there appears no evidence which may suggest even prima facie that it was the applicant, who has published or provided the impugned letters for publication in the newspapers or social media platforms. The letters appear to be privileged communication between two constitutional authorities. Applicant himself is having criminal history of three cases. The statements of complainant and his witnesses recorded under Sections 200 and 202 Cr.P.C. are cryptic and are not attracting ingredients of offence under Section 499 I.P.C. The letters also appear to have fallen in 8th Exception of Section 499 I.P.C. The trial Court has also not followed the procedure laid down in amended provision of Section 202 Cr.P.C. and the exercise done by it may not be termed as inquiry."
Appearances:
Applicant: Counsels Sachin Upadhyay, Amandeep Singh, Shivendra S Singh Rathore, Tajdar Ahmad
Opposite Party: GA Arvind Kumar Tewari, Ashish Kumar Mishra, Gaurav Tewari, Pramod Kumar Shukla
Cause Title: Brij Bhushan Sharan Singh vs State of UP
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