AB. GANI BHAT (PROF.) Vs. ZULFIKAR MUNSHI

JUDGEMENT

(1.) Petitioner has filed the present writ petition against the respondent herein seeking damages/compensation from him for making defamatory report against the petitioner, thereby causing loss to his prestige, position, name and fame.

(2.) The facts-in-brief, as projected by the petitioner in the writ petition, are that one policeman, namely, Bilal Ahmed made an attack on him on 09.04.2010 in the Court of 1st Additional District Judge, Srinagar. He reported the matter to the higher authorities in the Police Department. Accordingly, the respondent, who was then posted as a Chief Prosecuting Officer in the Subordinate Courts at Srinagar, was appointed as an Inquiry Officer by the Sr. Superintendent of Police to enquire into the whole matter. It is alleged that the respondent without conducting any inquiry or recording the statements of witnesses present at the time of occurrence made a biased, prejudiced and defamatory report against him only to tarnish his image and character and save the policeman who had made an attack on him. A copy of the said report dated 05.06.2010 is annexed with the writ petition as Annexure-1. Further, it is averred in the petition that the petitioner agitated before the higher authorities in the police department for conducting fresh inquiry as per law. It is contended that in the meantime a new incumbent had taken over as the Chief Prosecuting Officer and he was appointed as the Inquiry Officer to conduct de novo inquiry for the attack on petitioner by policeman, namely, Bilal Ahmed. It is pleaded that after conducting proper inquiry, the Chief Prosecuting Officer submitted a detailed contradictory report to the Sr. Superintendent of Police, Srinagar, wherein while holding the writ petitioner a very sober and decent man, it was recommended that the report submitted by Zulfikar Ahmad, the then Chief Prosecuting Officer, as regards the character, conduct and activities of writ petitioner may be expunged. Hence the petitioner has filed the present writ petition seeking compensation from the respondent for making defamatory report against him, thereby causing damage to his image and character.

(3.) Objections have been filed on behalf of respondent. It is averred that on the basis of petitioner's complaint against one policeman, namely, Bilal Ahmed, Sr. Superintendent of Police entrusted the investigation to the respondent herein. Further, it is averred that after conducting inquiry, respondent submitted report to the SSP, Srinagar and in the fact-finding-report he did not use any defamatory or derogatory remarks against the petitioner. It is insisted that the petitioner had also filed a criminal complaint against the respondent herein under Sec. 499 RPC before the Court of learned 1st Additional Munsiff, Srinagar on 12.04.2014 on the same set of facts, i.e., for defaming and causing harm to the reputation of petitioner. The learned trial Court before issuing any process, referred the matter to SSP, Srinagar for investigation in the light of the allegations made in the complaint. SSP concerned entrusted the investigation to SP City, East Zone, Srinagar for conducting inquiry and submitting the detailed report before the learned trial Court. It is contended that the petitioner did not pursue the said complaint and the same came to be dismissed by the learned trial Court on 11.02.2015 for want of non-prosecution. However, it is insisted that the inquiry entrusted to the SP City is still pending. Further, it is contended that the petitioner has raised disputed questions of fact and the same can only be proved during the course of trial in the Court of competent jurisdiction and not before this Court.