JOHN THOMAS Vs. K JAGADEESAN

JUDGEMENT

(1.) Leave granted.

(2.) A renowned hospital in the Metropolis of Madras (Chennai) has been caricatured in a newspaper as the abattoir of human kidneys for trafficking purposes. When the Director of the Hospital complained of defamation, the publisher of the newspaper sought shelter under the umbrage that the libel is not against the Director personally, but against the hospital only and hence he cannot feel aggrieved. The accused/publisher, who raised the objection before the trial Court, on being summoned by the Court to appear before it, succeeded in stalling the progress of the trial by clinging to the said contention which the trial Magistrate has upheld. But the High Court of Madras disapproved the action of the Magistrate and directed the trial to proceed. Hence, the accused has come up to this Court by filing the special leave petition. But after hearing the learned senior counsel, who argued for the appellant, we did not find the necessity to wait for the respondent-complainant to reply to those arguments as the appeal is only liable to be dismissed in limine.

(3.) The complainant (respondent in this) stated that he is running a hospital as its Director under the name "K. J. Hospital". He claimed to be the Honorary Overseer Adviser of Royal College of Physicians and Surgeons of Glasgow in UK. His grievance in the complaint is that a news item was published by the "Madras Times" on 21-3-1991 containing highly defamatory imputations against his hospital. The said newspaper is a daily published and circulated by the appellant as its editor. The passage which, according to the complainant, is defamatory to him has been quoted in the complaint. It is extracted below :