New Delhi: The Supreme Court bench led by the Chief Justice of India, UU Lalit, and Justice PS Narasimha, Monday reserved its orders in the petition filed by Aroon Purie of India Today Group challenging the criminal defamation complaint filed over a 2007 report "Mission Misconduct" in India Today magazine.
Senior Advocate KV Vishwanathan appearing for Purie submitted before the court that Purie was editor-in-chief at the time of publication and cannot be held liable as per one of the Supreme Court judgments.
The complainant argued that Purie is a major shareholder in India Today group and hence liable. He also told the court that the article was updated in 2011 as well after a complaint was registered in 2009. The news article in question reported about the allegations against the then-Indian deputy consul general in Edinburgh, O.P. Bhola as the article stated, "allegations of soliciting sexual favour leading to a probe which revealed financial irregularities and fudging of bills. Consequently, the official is back in India and is facing disciplinary action."
Also read: SC stays criminal defamation proceedings against Aroon Purie
"If you say that you studied everything before publishing, you would be aware of the decision of Minister on 8th March. You don't come under the 9th exception. Whether or not it is a public good exception is a question of fact, not a matter under Section 482," said CJI Lalit. CJI further said that the Court would grant relief to Purie and the officer but not to the reporter of the article.
The special leave petition was filed after Delhi High Court refused to quash a criminal defamation complaint and summoning order against Purie. Justice Yogesh Khanna said Purie contended that as per Section 7 of Press and Registration of Books Act, 1867, normally an editor, printer can only be prosecuted. As he is the editor-in-chief, he could never be prosecuted. The court held proceedings against Purie while the petition was filed in August 2021.
