MANMOHAN SINGH Vs. ARUN SEN

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 6.5.2013 passed by the District Judge, Solan in Civil Appeal No. 39-S/13 of 2010.

(2.) "Key facts" necessary for the adjudication of this Regular Second Appeal are that respondent-plaintiff (hereinafter referred to as "plaintiff" for convenience sake) filed a suit for damages on account of defamation libel published in newspaper "Jansatta" on 22.4.1988 and thereafter. According to the plaintiff, he belongs to a very respectable Rulers family of Kuthar. He was elected Pradhan of Gram Panchayat Kishangarh, Tehsil Kasauli, District Solan. He was elected Chairman of Block Samiti, Dharampur. He is brother-in-law of Chief Minister Shri Vir Bhadra Singh. He was hold in high esteem by his fellow being in the area as well as amongst the local population. He had no concern with the management of any factory located at Jubbar, Tehsil Kasauli, District Solan. According to him, respondent-defendant No.1, as arrayed in Civil Suit No.48/1 of 2009/88, at the behest of appellant-defendant (hereinafter referred to as the "defendant" for convenience sake), in its daily newspaper "Jansatta" published defamatory article not only to defame the plaintiff but also the Chief Minister. The news item published was captioned "Veer Bhadra Ke Sale Ne Majdooron Ko Police Se Pitwaya". The defendant believed and knew the news item to be false and incorrect. It was published to malign the plaintiff and Chief Minister. According to him, the news item was baseless. According to him, after reading the news item, public at large carried impression that plaintiff was a henchman of the factory owner and at his instance factory workers were lathi charged. According to him, defendant No.1 being the publisher and defendant No.2 being Press Reporter were responsible for defaming the plaintiff not only on 22.4.1988 but also in successive publications. Plaintiff on 24.4.1988 approached the defendants with a letter to contradict false and defamatory news item, which they ignored. In these circumstances plaintiff filed suit for damages of ' five lakhs.

(3.) Suit was contested by the Chief Editor, Jansatta Publications. According to him, he has no concern with editing or publication at Chandigarh. According to him, Chandigarh Edition of the newspaper was under the direct control of Sh. Jitendera Bajaj, who was Resident Editor of Chandigarh Edition. He has admitted that plaintiff belongs to Kuthar. He was Chairman of Block Samiti, Dharampur. He has denied that plaintiff carried good reputation and held high esteem among local residents. The news item was claimed to be neither defamatory nor giving any impression of defamation. News item contained true substance and represented the true version of the incident. According to him, suit has been filed at the best of Chief Minister in order to put pressure on "Jansatta", which is free, bold, impartial and independent newspaper. It is admitted that letter dated 24.8.1988 was received in Chandigarh office.