RAHUL KANWAL Vs. BRIG. P.K.TIKOO

JUDGEMENT

(1.) PETITIONER is a Television Journalist by profession and working as Executive Editor ' in Television Channel "Headlines Today ". The respondent No.1 is an Army Officer of the rank of Brigadier and claims to have served in Army with distinction during his service carrier stretching over a period of over 34 years. The respondents No.2 is a businessman by profession, who according to respondent No.1 is allegedly involved in number of cases relating to swindling of public property and frequently shifting residence to escape public and police.

(2.) PETITIONER seeks quashment of order of learned Judicial Magistrate Ist Class, Jammu-Special Mobile Magistrate Passenger Tax, Jammu dated 23rd September, 2010 taking cognizance of offence punishable under Section 500 RPC on a complaint filed by respondent No.1 and the criminal proceedings initiated against the petitioner and the respondent No.2.

(3.) THE Television Channel Headlines Today on 24th July, 2010 telecast a panel discussion between the petitioner, Lieutenant General (retd.) B.S.Malik, Mr. Shiv Aroorcorrespondent of a newspaper and Mr.Manoj Joshi, Deputy Editor Mail Today. The Panel was handed over a copy of the complaint by the representee in the programme by the petitioner, allegedly addressed by the respondent No.2 to Chief of the Army Staff sometime in April, 2010 levelling allegations of threats extended by respondent No.1 to the respondent No.2 and pointing to business dealings between the respondent No.1 and respondent No.2. The Television Channel also handed over the panel a recorded telephonic conversation between the respondents. The panel during the telecast went through the complaint and also heard the telephonic conversation between the respondents. The contents of the complaint and the conversation were shared by the Television Channel through the panel with the viewers. The panel, as admitted in the present petition, discussed "factual matrix of the complaint and the conversation. The panel also made a general discussion of declining values in the armed forces and need to maintain highest standard of discipline among the armed forces ". One of the panellist, as admitted in the petition on hand (para-v), observed that "the conversation between the respondents was deplorable and un-becoming of an Army Officer and that he would be liable to be punished ".