The division judge bench of the Chief Justice of India Uday Umesh Lalit and Justice Bela M. Trivedi of the apex court in the case of Aroon Purie Vs State of NCT of Delhi & Ors held that if the facts so justify, the benefit of an exception to Section 499 of the IPC has been extended and it is not taken to be a rigid principle that the benefit of exception can only be afforded at the stage of trial and quashed the complaint lodged against the public servants.
BRIEF FACTS
The factual matrix of the case is that the news item titled ‘Mission Misconduct’ was published in the news magazine India Today due to which the three Indian Officials posted in the Indian High Commission at UK had to be recalled in quick succession following serious allegations of sexual misconduct, corruption in issuance of visas and sale of Indian passports to illegal immigrants.
This article also stated that the said officer, now back in India, was facing disciplinary action and when contacted said official denied the charges. The complaint was filed and further, it was submitted that the article was defamatory and as such the accused be proceeded against for having committed offenses punishable under various sections including Sections 34, 120 B, 405, 468, 470, 471, 499, 501, and 502 of the Indian Penal Code, 1860.
Furthermore, the petition was filed under section 482 CRPC for quashing of the summoning order. However, the high court didn’t find any reason to interfere.
The learned counsel appearing on behalf of the accused has submitted that the A-1 is the editor-in-chief and the presumption under Section 7 of the Press and Registration of Books Act, 18674 would get attracted in case of an Editor and not with respect to an Editor-in-Chief. The learned counsel appearing on behalf of the Public Servants has contended that the public servants were not involved with the publication at any stage.
The learned counsel appearing on behalf of the original complainant has submitted that at best, the case pleaded by the appellants would be one claiming benefit of any of the exceptions to Section 499, IPC and as observed by the High Court, the proper stage to go into such issues would be at the stage of trial and not through petition under Section 482 of the Code.
ISSUE BEFORE THE COURT
whether the benefit of any of the exceptions to Section 499 of the IPC can be availed of and on the strength of such exceptions, the proceedings can be quashed at the stage when an application moved under Section 482 of the Code is considered?
COURT’S OBSERVATION
The hon’ble court relied upon the judgment titled Jawaharlal Darda & Ors. Vs. Manoharrao Ganpatrao Kapsikar & Anr and stated that the reporting made by a newspaper about the proceedings in the Legislative Assembly touching upon the issues of misappropriation of Government funds meant for certain projects, was the subject matter of complaint alleging defamation.
The decision shows that the article being accurate and true reporting of the proceedings of the House, which was reported in good faith in respect of conduct of public servants entrusted with public funds intended to be used for public good, the protectionwas extended and the power under Section 482 of the Code was utilised. Furthermore. the reliance was made on Rajendra Kumar Sitaram Pande vs. Uttam in which it was stated that the reporting made to a superior officer alleging misconduct on the part of complainant was taken to be completely protected by exception 8 to Section 499 of the IPC and the proceedings were quashed.
The hon’ble court held that the if the facts so justify, the benefit of an exception to Section 499 of the IPC has been extended and it is not taken to be a rigid principle that the benefit of the exception can only be afforded at the stage of trial. the public servants are concerned, they are not primarily responsible for the Article and their responsibility, if at all, is only to the extent that they either reported something touching upon the complaint made by A-12 or in their capacity as public servants, reported something to their seniors. Furthermore, the complaint lodged against the public servant was quashed.
CASE NAME- Aroon Purie Vs State of NCT of Delhi & Ors
CITATION- CRIMINAL APPEAL NOS……………….. OF 2022
(arising out of SLP (Crl.) Nos.5115-5118 OF 2021)
CORUM- Chief Justice of India Uday Umesh Lalit and Justice Bela M. Trivedi
DATE- 31.10.22
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