HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this appeal, which has been brought to this Court by special leave, the appellant Harbhajan Singh challenges the correctness of his conviction for an offence under S. 500 of the Indian Penal Code, and the sentence imposed on him for the said offence. The criminal proceedings against the appellant were started on a complaint filed by Surinder Singh Kairon, son of S. Pratap Singh Kairon, who was at the relevant time the Chief Minister of the State of Punjab. In his complaint, the complainant Surinder Singh alleged that the appellant had published in the Press a statement against him which was highly defamatory of him. The said statement was published in the "Blitz", which is a Weekly Magazine of Bombay, on July 23, 1957 and extracts from it were given publicity in the "Times of India" and certain other papers. According to the complaint, the defamatory statement was absolutely untrue and by publishing it, the appellant had rendered himself liable to be punished under S. 500, I. P. C.

(2.) It appears that on July 22/23, 1957, the Punjab Government issued a Press note in which it was averred that certain Urdu Dailies from Jullundur were indulging in mischief and false propaganda, alleging complicity of a Minister's son in smuggling on the border. The Press note alleged that this was done with a view to malign the Government and to cause suspicion in the mind of public. The Punjab Government categorically denied the said allegation. The Press note added that the papers which were publishing the said false reports should come out openly with the name of the son of the Minister instead of repeatedly publishing things in a vague and indirect manner, and that they should not take shelter behind anonymity and should not be afraid of the consequences of the publication of these allegations. The Press note concluded with the statement that the Punjab Government had already taken steps to curb smuggling and they were determined to put it down with a firm hand.

(3.) It was in response to the challenge thus issued by the Punjab Government in its Press note that the appellant published the impugned statement which reads:-