B.L. GUPTA AND ANR. Vs. NASEEM

JUDGEMENT

(1.) The petitioner No.1 is Printer, Publisher and Editor of Daily Early Times, published from Jammu and petitioner no.2 its Managing Director. The petitioners' newspaper, in its issue dated 10th May, 2008, published a news item referring to a Srinagar based Women Organization "Dukhtaran-e-Millat" as "anti-India and Secessionist Organization" and its leader Aasiya Andrabi as "obscurantist and Islamic fundamentalist".

(2.) Ms. Naseem W/o Mohd. Rashid, R/o Kanyari, Tehsil and District Kathua, claiming to have deep faith in the Organization and to respect its efforts for highlighting the duties of the Muslim women, filed a criminal complaint in the Court of Chief Judicial Magistrate, Kathua, alleging commission of offence punish able under Sections 500,501 and 502 RPC against the Printer, Publisher, Editor and Managing Director of Daily Early Times-petitioners herein. The respondent's case before the Trial Magistrate was that the news item in question was defamatory in character and lowered the reputation of the Organization and that of all those associated with the Organization. Learned Chief Judicial Magistrate, Kathua, on receipt of the complaint, recorded statement of the complainant respondent in the present petition, and the witness produced by the complainant and on perusal of the complaint and the statement so recorded, held the material to, prima facie, disclose commission of offences punishable under Sections 500(b), 501 (b) and 502(b) RPC and issued process against the petitioners.

(3.) The petitioners invoking inherent powers of this Court under Section 561-Cr.PC, seek quashment of order dated 27th June, 2008, whereby cognizance has been taken and process issued against them and criminal proceedings emanating therefrom on the grounds that the complainant is not an "aggrieved person" within meaning of Section 198 Cr.PC and has no right to file the complaint. It is next urged that the news item refers to Ms. Aasiya Andrabi, who as leader of the "Dukhtaran-e-Millat" is a public figure and in the said capacity has submitted herself to the judgment of the public and that the news item does not constitute offence punish able under Section 500 RPC. The proceedings are also questioned on the grounds that as the news item referred to collection of persons, not a definite and determined body, the news item in question does not constitute the offence alleged in the complaint within a meaning of Explanation 2 to Section 499 RPC.