Srinagar (Jammu and Kashmir): The High Court of Jammu and Kashmir and Ladakh has dismissed a petition filed by the Jammu and Kashmir-based newspaper Greater Kashmir, which sought to quash defamation proceedings initiated against the publication for allegedly publishing defamatory news articles concerning the DAV Management Committee.
In a ruling by Justice Rahul Bharti, the bench vacated its interim freeze order on the proceedings, which had been in effect since 2019. The case originated from two news articles published in Greater Kashmir in October 2015 and December 2016. These articles reported on allegations suggesting that the DAV Trust had sold school land, initially granted by the government, for Rs 13 crore.
Consequently, the DAV Management Committee, represented by Tej Krishan Ganjoo, Chairman of the Management Committee DAV Public Secondary School, Jawahar Nagar, Srinagar, filed a complaint under Section 500 alleging defamation.
Upon admission of the complaint by the trial court in Jammu, an inquiry under Section 202 of the Code of Criminal Procedure was ordered. The inquiry concluded that a prima facie case existed against the three--the Editor, Printer/Publisher, and Author of the articles--and directed the issuance of process against them.
Greater Kashmir contested the trial court's order before the High Court contending that the news articles did not constitute defamation and cited a previous judgment of the High Court in Aditya Raj Kaul Vs Naeem Akhter (2021) as a precedent.
Disagreeing with the petitioners, Justice Bharti observed that the news articles lacked specific references to government records or statements from officials to substantiate the allegations of a land sale and a payment of Rs 13 crore. The bench remarked, "Then a consideration would have been spared to entertain the petitioners in the present petition, but that is not the case in the present case.”
The court explained the term “person” as used in Sec 499 Ranbir Penal Code, citing section 6 (11) of the code, and observed that the Management Committee of an Educational Institution can also reckon itself to be a victim of defamation. Regarding the nature of the news articles, the court commented that they were more on the sensationalisation and scandalising side rather than objectively informing the general public about the state of the facts.
Justice Bharti further noted that while Greater Kashmir might have a defence based on the veracity of the reports and access to supporting documents, the court declined interference, stating that it is a matter for the trial court to address. Consequently, the High Court dismissed the petition and directed the trial court in Jammu to resume proceedings in the defamation complaint.
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