Guwahati: The Gauhati High Court has quashed a criminal defamation case against former Asomiya Pratidin chief editor Hyder Hussain and printer and publisher Jatin Choudhury over a news report published in December 2010.
The case arose from a complaint filed by Dhrubajyoti Rava in North Lakhimpur on December 13, 2010. The Judicial Magistrate First Class took cognizance of the complaint under Sections 500, 501 and 34 of the Indian Penal Code (IPC) and issued summons to the petitioners.
The complaint related to a news report published on December 6, 2010, concerning alleged financial irregularities and administrative actions involving the Executive Engineer of the Public Works Department (PWD), Ghilamara Division.
The report referred to funds allotted for stationery and stated that part of the money was given to Rava for supplying goods, while the remaining amount was allegedly distributed among department officials as travel bonuses.
Rava had initially claimed that the report was false and defamatory and implied that he had misappropriated funds.
Hussain and Choudhury, however, argued that the report was published in good faith and in the public interest. They also maintained that it did not make any personal allegation of misappropriation against Rava.
During the proceedings, Rava’s counsel submitted that Rava had in fact used the money to supply goods to the office. The counsel also stated that Rava had no grievance against the petitioners as the publication had ultimately not affected his reputation in society.
Justice Shamima Jahan considered the complainant’s position and referred to Exception 1 to Section 499 of the IPC, which provides protection for true imputations made in good faith for the public good.
The court also considered Section 320 of the Code of Criminal Procedure (CrPC), under which defamation offences can be compounded by the person defamed.
Taking into account Rava’s statement that his reputation had not been affected, the High Court allowed the petition and set aside the 2010 summoning order.
The court also quashed the entire criminal complaint case, CR Case No. 209/2010, against Hussain and Choudhury.