Even 1.5 Years in Jail Doesn’t Dilute Section 37 NDPS Rigour: Punjab & Haryana High Court Denies Bail in 710 Kg Poppy Husk Case Stay of Conviction Nullifies Disqualification Under Section 8(3) RP Act: Allahabad High Court Dismisses Quo Warranto Against Rahul Gandhi Custodial Interrogation Necessary to Uncover ₹2 Crore MGNREGA Scam: Kerala High Court Rejects Anticipatory Bail for Vendors in Corruption Case Order 41 Rule 23 CPC | Trial Court Cannot Decide Title Solely on a Vacated Judgment: Himachal Pradesh High Court Strikes By Bar Associations Cannot Stall Justice: Allahabad High Court Holds Office Bearers Liable for Contempt if Revenue Suits Are Delayed Due to Boycotts To Constitute a Service PE, Services Must Be Furnished Within India Through Employees Present in India: Delhi High Court Medical Negligence | State Liable for Loss of Vision in Botched Cataract Surgeries: Gauhati High Court Awards Compensation Waiver of Right Under Section 50 NDPS is Valid Even Without Panch Signatures: Bombay High Court Agricultural Land Is 'Property' Under Hindu Women’s Right to Property Act, 1937: A.P. High Court Tenant Who Pays Rent After Verifying Landlord’s Will Cannot Dispute His Title Under Section 116 Evidence Act: Himachal Pradesh High Court Dismisses Eviction Challenge by HP State Cooperative Bank Clever Drafting Cannot Override Limitation Bar: Gujarat High Court Rejects Suit for Specific Performance Once Divorce by Mutual Consent Is Final, Wife Cannot Pursue Criminal Case for Stridhan Without Reserving Right to Do So: Himachal Pradesh High Court Caste-Based Insults Must Show Intent – Mere Abuse Not Enough for Atrocities Act: Gujarat High Court Upholds Acquittal Failure to Inform Detenu of Right to Represent to Detaining Authority Vitiates NSA Detention: Gauhati High Court Awarding Further Interest On Penal Charges Is Contrary To Fundamental Policy Of Indian Arbitration Law: Bombay High Court

Defamation Proceedings Quashed Against Journalist of Daily Ajit and Ajit Samachar

07 May 2024 8:19 AM

By: Admin


In a landmark decision on January 4, 2024, the High Court of Punjab and Haryana set a significant precedent in a defamation trial involving a renowned journalist and Managing Editor of ‘Daily Ajit’ and ‘Ajit Samachar’. Hon’ble Mr. Justice Anoop Chitkara presided over the case, emphasizing the importance of factual basis in legal proceedings, especially in defamation cases.

The petitioner, who has been embroiled in this legal battle for over 15 years, challenged the dismissal of his criminal revision petition by the Sessions Court. The case revolved around the publication of news allegedly defaming an IPS officer, leading to a prolonged legal dispute.

In his judgment, Justice Chitkara meticulously examined the pleadings and evidence, applying judicial precedents and relevant laws. He noted, “The complaint did not disclose any offense committed by the petitioner, and there was no sufficient prima facie evidence based on which they could have been summoned.”

Highlighting the essential distinction between editorial roles, the Court pointed out that the petitioner, being the Managing Editor and not the Chief Editor, was not responsible for the content published. “The petitioner is entitled to the benefit of the first and ninth exceptions to S. 499 IPC, which makes the order of summoning bad in law,” Justice Chitkara observed, providing significant relief to the journalist.

The decision to quash the summons and all subsequent proceedings was grounded in the inherent jurisdiction under section 482 CrPC, with the Court stating that non-interference would have resulted in a miscarriage of justice. This ruling is a testament to the judiciary’s commitment to upholding the principles of justice and the importance of adhering to the strictures of legal evidence in defamation cases.

Date of Decision: 04.01.2024

Barjinder Singh Hamdard VS Param Vir Rathee, IPS

Latest Legal News