SHAMIM AHMED SHAMIM Vs. SOFI GH MOHD

JUDGEMENT

(1.) THE plaintiff has filed an application under section 151 read with Order 39 Rules 1 and 2 of the Code of Civil Procedure praying for the issuance of an injunction restraining the defendants and the press in general from publishing the evidence that is being led at the trial of the suit.

(2.) THE suit out of which this application has arisen has been filed by the plaintiff, a Member of the Parliament, claiming Rupees One Lac as damages from the defendant for publication of defamatory matter against him. In the suit it has been claimed that the defendant by his repeated and consistent course of conduct, has with a malicious design, embarked upon a scheme to defame the plaintiff by writing defamatory matter again «t him in his paper "Srinagar Times" published from Srinagar, with a view to reduce his prestige and respect in the estimation of the right thinking members of the society. It is alleged, in the suit, that the defendant has published in his news paper malicious and defamatory articles concerning the plaintiff, which articles were false and filthy in nature and by publication of those articles etc. the plaintiff has been lowered in estimation and prestige and his reputation has been injured.

(3.) AFTER the suit was registered, notice was issued to the defendant who filed his written statement. Issues were framed on 25th of August 1976 and the case was thereafter posted for evidence. Evidence of P.W. Abdul Razaq was recorded on 8th of October, 1976, while the evidence of P.W. Ghulam Rasul was recorded on 14th of October, 1978 and that of Ghulam Mohi -ud -Din on the 15th of October, 1976. On 18th October 1976 the present application was filed by the plaintiff. Alongwith the application, the plaintiff filed a copy of the "Srinagar Times" dated 16th of October, 1976, in which the defendant had given out a block news that he would publish in verbatim the statements of three witnesses recorded during the trial of the suit in the issues of the "Srinagar Times" starting from Tuesday next. In the application It is alleged that, it was with a view to harass and black -mail the plaintiff and terrorize his witnesses that the defendant was going to publish the evidence of the witnesses in his paper and that this exercise was with a view to force the plaintiff to compromise the suit with the defendant and to deter the witnesses who were yet to be examined to appear in the witness -box. According to the plaintiff the witnesses would be hesitant to appear after reading the vulgar nature of the statement elicited in the cross -examination.