RAJESH RAMACHANDRAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These petitions have been filed under Sec. 482 of the Code of Criminal Procedure (Cr.P.C.) for quashing of criminal complaint no.177/2019, dtd. 30/7/2019, titled Nazar Singh Manshahia v. Bhagwant Mann and others, under Ss. 500 and 120-B of IPC read with Ss. 66 and 67 of the Information Technology Act, Annexure P-2, as also the order dtd. 14/12/2020, Annexure P-3, passed by Chief Judicial Magistrate (CJM), Mansa, whereby petitioners no.l in CRM-M-3815-2021 and CRM-M-3907-2021, namely, Rajesh Ramachandran and Dr. Swaraj Bir Singh, respectively, have been summoned to face trial for commission of offences punishable under Ss. 500, 501 and 502 IPC, and petitioners no.2 in both these petitions, namely, Parvesh Sharma and Gurdeep Singh Lali (wrongly mentioned in the complaint as Gurpreet Singh Thind Lally), respectively, have been summoned under Sec. 500 IPC.

(2.) At the time of passing the impugned order, petitioner no.l in CRM-M-3815-2021, namely, Rajesh Ramachandran was working as Editor of newspaper 'The Tribune (English)', and petitioner no.2-Parvesh Sharma was working as its Principal Correspondent, posted at district Sangrur. Petitioner no.l in CRM-M-3907-2021, namely, Dr. Swaraj Bir Singh was working as Editor of newspaper 'The Punjabi Tribune', and petitioner no.2-Gurdeep Singh Lali was its stringer and contributed news from Sangrur and nearby areas. On 27/4/2019, the then convener of Aam Aadmi Party (AAP) in Punjab and Member of Parliament (MP) from Sangrur, Mr. Bhagwant Singh Mann held a press conference stating that respondent no.2/complainant, the then AAP party Member of Legislative Assembly (ML A) from Mansa, got a huge amount of money from ruling Congress party and would be appointed as Chairman of the Punjab Pollution Control Board. The news item to that effect published in the columns of 'The Tribune' on 27/4/2019 has been appended as Annexure P-1, which reads as under:

(3.) Mr. Bhandari, learned counsel for the petitioners, has argued that the petitioners accurately and truthfully reported the statements made by MP Bhagwant Singh Mann, without any malice against the complainant. The facts reported by them were the exact statements given in a press conference by the MP and attributed to him only which have never been disowned. The petitioners had no intention to defame the complainant, or to cause any damage to his reputation. Contrary version of the Congress Party Chief was also carried out in the newspaper. Learned counsel has further contended that the petitioners have a right to accurately report the statements which is protected under Exception 1 to Sec. 499 IPC, and the news item therefore does not constitute defamation. In support of the contentions, he has relied upon the judgment dtd. 4/1/2024, rendered by this Court in N. Ram, Editor-in-chief and publisher of 'The Hindu' and others v. Rashtriya Swayamsewak Sangh, Haryana Prant, through its Prant Sangh Chalak and another, 2012(3) Law Herald 2728.