Case Note & Summary
The applicant, Mr. Vivek Goenka, the Chairman and Managing Director of Indian Express Newspapers (Mumbai) Ltd., filed an application under Section 482 of the Criminal Procedure Code seeking quashing of the order issuing process in Criminal Case No. 217 of 1997 for an offence under Section 500 of the Indian Penal Code. The case arose from a news item published in the Indian Express, Pune edition on 19 May 1997 under the heading 'Tea vendor takes on ST bosses', which the respondent No. 1, Rajabhau Damodar Raikar, alleged was defamatory and lowered his image in the eyes of the public. The applicant received summons on 3 October 2000 to appear before the J.M.F.C. Court No. 4, Pune. The applicant contended that as Chairman and Managing Director, he was not responsible for the day-to-day reporting of news in any edition of the Indian Express. Relying on Section 7 of the Press and Registration of Books Act, 1867, the applicant argued that the presumption of responsibility for publication lies only with the person whose name is printed as the Editor or Resident Editor. The court examined the complaint and found that there were no specific allegations against the applicant regarding the publication of the defamatory news item. The court held that in the absence of any specific averment that the applicant was responsible for the selection or publication of the news item, he could not be held vicariously liable. The court quashed the order of issuance of process against the applicant and allowed the application.
Headnote
A) Criminal Law - Defamation - Vicarious Liability - Section 500 IPC read with Section 34 IPC - The Chairman and Managing Director of a newspaper company cannot be held vicariously liable for defamation based on a news report published in the newspaper, in the absence of any specific allegation of his involvement in the publication. The presumption under Section 7 of the Press and Registration of Books Act, 1867 applies only to the Editor or Resident Editor whose name is printed in the newspaper. (Paras 1-12)
B) Criminal Procedure - Quashing of Criminal Proceedings - Section 482 CrPC - Where the allegations in the complaint do not make out a prima facie case against the accused, the High Court can quash the proceedings to prevent abuse of process of law. (Paras 1-12)
Issue of Consideration
Whether the Chairman and Managing Director of a newspaper company can be held vicariously liable for defamation based on a news report published in the newspaper, in the absence of any specific allegation of his involvement in the publication.
Final Decision
The court allowed the application and quashed the order of issuance of process against the applicant in Criminal Case No. 217 of 1997.
Law Points
- Vicarious liability
- Defamation
- Section 500 IPC
- Section 482 CrPC
- Press and Registration of Books Act 1867 Section 7
- Editor's responsibility
Case Details
2016 LawText (BOM) (08) 123
Criminal Application No. 6710 of 2005
Smt. Anuja Prabhudessai, J.
Mr. S.R. Chitnis, Senior Advocate with Mr. Amol Joshi, Suziyan Shaikh, Tasneem Kantawala i/b Ms Poorvi Kamani for the Applicant; Mr. Anil V. Anturkar, Senior Advocate with Mr. Amol Gatne i/b Mr. S.B. Deshmukh for Respondent No.1; Mr. D.P. Adsule, APP for the Respondent State
1. Mr. Rajabhau Damodar Raikar, 2. Mr. George Verghese, 3. Mr. Prakash Kardaley, 4. Ms. Yogita Pandurang Bankar, 5. Mr. Pandurang Baburao Bankar, 6. State of Maharashtra
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of order issuing process in a defamation case.
Remedy Sought
Quashing of the order of issuance of process in Criminal Case No. 217 of 1997 for offence under Section 500 IPC.
Filing Reason
The applicant, Chairman and Managing Director of Indian Express Newspapers, was summoned to answer a charge of defamation based on a news report published in the Indian Express, Pune edition on 19.5.1997, which the respondent alleged was defamatory.
Previous Decisions
The J.M.F.C. Court No. 4, Pune had issued process against the applicant and others in Criminal Case No. 217 of 1997.
Issues
Whether the Chairman and Managing Director of a newspaper company can be held vicariously liable for defamation based on a news report published in the newspaper, in the absence of any specific allegation of his involvement in the publication.
Submissions/Arguments
The applicant submitted that as Chairman and Managing Director, he was not responsible for day-to-day reporting of news, and under Section 7 of the Press and Registration of Books Act, 1867, the presumption of responsibility lies only with the Editor or Resident Editor whose name is printed.
The respondent contended that the applicant, being the Chairman and Managing Director, was responsible for the publication and should be held liable.
Ratio Decidendi
The Chairman and Managing Director of a newspaper company cannot be held vicariously liable for defamation based on a news report published in the newspaper, in the absence of any specific allegation of his involvement in the publication. The presumption under Section 7 of the Press and Registration of Books Act, 1867 applies only to the Editor or Resident Editor whose name is printed in the newspaper.
Judgment Excerpts
By this application filed under section 482 of the Criminal Procedure Code, the Applicant, who is the original accused No.1, has prayed for quashing and setting aside the order of issuance of process in Criminal Case No.217 of 1997 for offence punishable under section 500 of the IPC.
The Applicant, is the Chairman and the Managing Director of Indian Express Newspaper (Mumbai) Ltd.
Mr. Chitnis, the learned counsel for the Applicant has submitted that the Applicant being the Chairman and Managing Director was not responsible for the day to day reporting of news in any of the editions of the Indian Express.
Procedural History
The respondent No. 1 filed a complaint in 1997 alleging defamation based on a news item published on 19.5.1997. The J.M.F.C. Court No. 4, Pune issued process against the applicant and others. The applicant received summons on 3.10.2000. The applicant then filed the present application under Section 482 CrPC in 2005 seeking quashing of the order of issuance of process.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 500, 34
- Criminal Procedure Code, 1973 (CrPC): 482
- Press and Registration of Books Act, 1867: 7
