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by Admin
07 May 2024 2:49 AM
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
