JOHN MANJOORAN Vs. C M STEPHEN

JUDGEMENT

(1.) WHETHER the impugned portion of Ex. P-l (a) report of the speech alleged to have been made by the first accused, published in the Mathrubhoomi daily of which the second accused Is the printer and publisher, is defamatory of the complainant, and, if so whether the accused are protected by Exceptions 1 and 9 to Section 499 of the Indian Penal Code, are the main questions involved in this appeal against acquittal. The prosecution was launched by Sri Mathai Manjooran. the Minister for Labour. Government of Kerala, in the Ministry that was sworn in on the 6th of March 1967. and was on his death on 15-1-1970, continued by his brother Sri. John Manjooran, claiming to be the legal representative of the deceased, and the General Secretary of the Kerala Socialist Party.

(2.) SECTION 499. IPC and Exceptions 1 and 9 to that section read as follows: 499. Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or haying reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. Explanation I It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that Person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2. It may amount to defamation to make an imputation. , concerning a company or an association or collection of persons as such. Explanation 3, An imputation In the form of an alternative or expressed ironically, may amount to defamation. Explanation 4. No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a lothsome state, or in a state generally considered as disgraceful. First Exception. It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact. Ninth Exception. It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it. or of any other person, or for the public good.

(3.) EXT. P-l is the copy of the Mathrubhoomi daily (Cochin Edition) dated the 12th February 1968. Ext. P-l (a) is the news item published on page 5 of Ext. P-l with respect to the Trichur District Convention of the I. N. T. U. C. at Ali Nagar. Thekkinkad Maidan, Trichur, held on the evening of 11th February 1968. The meeting, according to the report, was attended by about half a lakh of people. The caption of the report is 'thozhil Rangathu Arajakathwam Azhi-chhuvittu". It is boldly printed and is conspicuous- Immediately below the main caption it is printed "saptha Kakshi Sarkarine patti Skephen", and it is in the nature of a Sub-caption. The second paragraph of the report in which the imputation is contained reads as follows: