The Allahabad High Court recently quashed defamation proceedings initiated in 2017 against multiple news organisations and several senior journalists for publishing news reports related to alleged corruption in the district judiciary of Uttar Pradesh [Amar Ujala v. State Of UP].
A private complaint had been filed by a retired district and sessions judge in 2017 against various news organisations, their editors and publishers for a news report alleging that a judge had taken a bribe to grant bail to a former minister in Uttar Pradesh.
Allegations also arose that there was corruption in the transfer and positing of trial court judges hearing sensitive matters.The journalists and media organisations later filed petitions before the High Court challenging the issuance of summons by the trial court in the defamation case.Among those who had approached the Court include India Today Group Chairman Aroon Purie and those associated with the conglomerate; the Network18 Group Chairman Adil Zainulbhai, Times of India, Amar Ujala and senior journalists like Faye D'Souza and Rahul Shivshankar.
The media outlets and journalists argued that they had based their reports on a communication between the High Court and the Supreme Court in the matter.It was also pointed out that a discreet inquiry into the allegations was first conducted under the then Chief Justice of the High CourtJustice Rajeev Singh of the High Court considered the question of whether a defamatory act was committed by the media as part of a conspiracy. The Court noted that the Supreme Court in Jawaharlal Dadra & Ors v. Manoharrao Ganpatrao Kapsikar & Anr held that if an accurate and true report has been published in good faith, it cannot be said that the accused intended to harm the reputation of the complainant.Relying on this principle, the High Court concluded that the media outlets' actions were squarely covered by exceptions (1) and (3) of Section 499 (defamation) of the Indian Penal Code (IPC). These exceptions state that certain actions done in good faith and for public good are not defamation.
“In view of the above facts and discussions, this Court is of the view that the complaint in question is nothing but a sheer abuse of the legal provisions and no offence, as alleged, can be said to be made out,” the Court opined. Senior Advocate Prashant Chandra with Advocates Pankaj Kumar Dixit, Ashish Verma and Rajhans Pandey represented the applicant (Amar Ujala and others).Advocate Avinash Singh Bisen represented the complainant.
TAGS: Allahabad High Court Quashes Defamation Proceedings News Organizations Journalists Private Complaint Corruption Allegations Uttar Pradesh Judiciary Reports Dismissed
