BHARTU Vs. INDIAN EXPRESS NEWSPAPERS

JUDGEMENT

(1.) On June 7, 1987, the Jansatta, a daily newspaper published a news item in Hindi. The plaintiff has provided its translation which reads as under: "THE PRIEST KILLS PREM" (By Jansatta Correspondent). New Delhi, 1st June. The Priest Baba Mangal Nath of Ram Johri Mandir in village Palam is absconding after murdering Prem Sarup. He killed him with the help of his vagabonds and anti-social persons. The body was thrown in the drain. Shri Parkash Chander General Secretary YUVAK VIKAS KENDRA has levelled the charges. He has charged the Baba/Jogi that he was selling Smack and other drugs in the Temple and he was accused of several offences. Shri Chandra stated that Baba Mangal Nath through his disciple Bhartu, Namberdar summoned Prem Sarup @ Premi to his house. When he reached the temple the Baba told him that whosoever did not obey him faces the consequences. The allegations are that the Baba and his stooges thereafter gave severe beatings to the said Premi with sticks and from rods and thereafter threw him in the drain. They stated that the report is lodged with Police Post Palam. The Police arrested the Baba and co-accused and bailed them out. Both of them are absconding." The grievance of the plaintiff is that said news item was false, malicious and defamatory and that it has lowered him in the estimation of others. He has thus claimed Rs.2,00,000.00 as damages from the Indian Express Newspapers (Bombay) Pvt. Ltd. and the Chief Editor of Jansatta.

(2.) Needless to say, the defendants have contested the suit. As per them, neither the news item was false nor defamatory but was true and published after proper verification. The pleadings of the parties led to the framing of the following issues:

(3.) I need not detain myself on Issue No.1. Not a word in support was said and rather it was conceded that the plaintiff had the locus standi to institute the suit. I need say no more.