The Punjab & Haryana High Court has quashed a defamation case filed against The Tribune’s former Editor-in-Chief and other journalists. The case was based on their reporting of a 2019 statement made by Punjab Chief Minister Bhagwant Singh Mann against the then Aam Aadmi Party (AAP) MLA, Nazar Singh Manshahia.
According to reports, Bhagwant Mann, who was the Punjab AAP chief and Sangrur MP at the time, had alleged that Congress leaders had tried to lure MLA Nazar Singh Manshahia with money and a position in exchange for switching parties.
Justice Tribhuvan Dahiya observed:
"There is no such allegation in the entire complaint against the petitioners, and the complainant in his testimony before the CJM has only reiterated his version given in the complaint. Further, no material has been brought on record to even prima facie indicate that the petitioners had reported or published the imputation concerning the complainant to harm his reputation, or knowing or having reason to believe that it would cause harm to his reputation."
The Court examined the reasoning behind the Chief Judicial Magistrate's (CJM) order dated December 14, 2020, which stated that the journalists had knowledge that the imputation would harm the complainant’s reputation but still proceeded with printing and publishing it.
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However, the High Court found that there was no evidence supporting this claim. Justice Dahiya ruled:
"In the absence of any material indicating the petitioners' complicity in the case, there was no occasion to summon them to face trial; the order is, accordingly, groundless and unsustainable."
The complaint had alleged that:
- Rajesh Ramachandran, the then Editor of The Tribune,
- Parvesh Sharma, its Principal Correspondent at Sangrur,
- Dr. Swaraj Bir Singh, Editor of The Punjabi Tribune, and
- Reporter Gurdeep Singh Lali
had published false allegations against Nazar Singh Manshahia. The complaint further claimed that Manshahia had never received any money as alleged and that the publication aimed to harass, humiliate, and defame him.
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Justice Dahiya clarified that even if the entire complaint was accepted as true, the allegations did not meet the legal criteria of defamation under Sections 499 to 502 of the Indian Penal Code (IPC).
"As allegations in the complaint, even if accepted in entirety, do not constitute the offences under Section 499 to 502 IPC, summoning the petitioners to face trial will be an abuse of the process of Court, and a travesty of justice."
The Court further emphasized that for an act to be considered defamation under Section 499 IPC, the statement must have been made:
- With an intention to harm the complainant’s reputation, or
- Knowing or having reason to believe that it would harm the person’s reputation.
The High Court relied on the Supreme Court's ruling in N. Ram, Editor-in-chief and publisher of The Hindu v. Rashtriya Swayamsewak Sangh, Haryana Prant, where a similar defamation case against a national newspaper's editor was dismissed. The Supreme Court had set aside the Magistrate’s order, as there was no intention to defame the complainant when the news was published.
After reviewing all aspects of the case, the Punjab & Haryana High Court ruled in favor of the petitioners. The Court allowed the petitions and dismissed the criminal complaint under:
- Sections 500 and 120-B IPC, and
- Sections 66 and 67 of the Information Technology Act.
All consequential proceedings were also quashed, marking a significant decision in protecting press freedom and journalistic rights in India.
Mr. Manu K. Bhandari, Advocate, Mr. Rohit Kataria, Advocate, and
Mr. Arjun Sawhni, Advocate, for the petitioners.
Mr. Satjot Singh Chahal, AAG, Punjab,
Mr. P.S. Dhaliwal, Advocate, for respondent no.2/complainant.
Title: Raiesh Ramachandran and another v. State of Puniab and another
