JAGAT SINGH NEGI Vs. SURAT SINGH NEGI

JUDGEMENT

(1.) The petitioner filed a complaint before the learned Trial Court for the commission of offences punishable under Ss. 500, 504, 505(C) of IPC asserting that the accused made a statement in the Press Conference that the petitioner had not toured Kinnaur District more than 50 times during two years and had withdrawn T.A. Allowance of Rs.12,54,145.00. He toured every district in his capacity as Vice President of Forest Corporation and had drawn the Travelling Allowance of Rs.2,00,000.00. The petitioner indulged in corruption. The petitioner alleged in the complaint that these words amount to defamation as they lowered the estimation of the petitioner in the eyes of the public.

(2.) The learned Trial Court recorded the statements of the petitioner and his witnesses and thereafter held that the right of speech and expression is a fundamental right. The public has a right to know. The opposition has a right to criticize the ruling party and such criticism is essential for a vibrant democracy. Politicians should not be thin-skinned and hypersensitive. There was no mens rea. Hence, the complaint was dismissed.

(3.) Being aggrieved from the order passed by the learned Trial Court, the present revision has been filed, asserting that the learned Trial Court failed to apply its mind to the controversy in issue. The statement amounted to defamation and did not fall within any of the exceptions. The petitioner is known for his honesty and integrity and his estimation has been lowered by the statement. The video recording of the statement was not referred to. The right to speech and expression is not absolute and is controlled by exceptions. Therefore, it was prayed that the present petition be allowed and the order passed by the learned Trial Court be set aside.