A K M MATHEW Vs. T V BALAN

JUDGEMENT

(1.) In February, 1981 there was a strike of the College Teachers. Later, it was withdrawn. It appears that the Government had interdicted payment of salary for the strike period to those who had participated in the strike.

(2.) On 10-6-1981, the Calicut edition of 'Malayala Manorama' published a news item, emanating from its Trivandrum reporter, captioned: "They pocketed the salary with-held by the Government." The report was indubitably not complimentary to those connected with the strike. It was clearly stated in the report that most of the Government College Teachers abused their position as 'drawing officers' and thus received the salary and allowances which had been with-held by the Government. The Association of Government College Teachers through its General Secretary contradicted the report. He asserted that neither the office bearers nor the active workers of the organisation had received salary in the manner suggested. This report was published in the same paper on the 14th of June, 1981.

(3.) The dent the report caused to the reputation of the organisation and its office bearers was seriously viewed by them. The publication of the clarificatory statement of the Association in the paper did not satisfy the General Secretary of the organisation. He therefore filed on 7-11-1981 a complaint, C. C. 228 of 1981 before the Judicial First Class Magistrate No. 1, Tellicherry. The complainant was described as "T. V. Balan, General Secretary, Association of Kerala Government College Teachers". The Chief Editor, Editor, Staff Reporter and Printer of the paper were arrayed as the accused. The complaint was presented under S.200 of the Code of Criminal Procedure. It averred that the accused had committed offence punishable under S.500 of the Indian Penal Code and prayed that summons be issued to the accused and that the accused be dealt with according to law.