Allahabad High Court upholds conviction of journalists, publisher in defamation case by bureaucrat

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Synopsis

An interview was published in 1994 of the then district magistrate of Muzaffarnagar, wherein the DM was quoted saying that it is human tendency that seeing a woman at a lonely place like a jungle, any man will be inclined to rape her. The DM, however, denied giving any such interview. 

The Allahabad High Court has upheld the conviction of two journalists and a newspaper publisher in a criminal defamation case filed by bureaucrat Anant Kumar Singh over an interview published in 1994.

The bench of Justice Dinesh Kumar Singh heard criminal revision petitions filed by reporter Raman Kripal, the executive editor A.K.Bhattacharyathe as well as printer and publisher of Pioneer News Paper, New Delhi Sajive Kanwar.

The decision in the petitions of Kanwar and Bhattacharya came on July 16 whereas in Kripal's petition, Court tabled the judgment on Monday, August 8. 

Though upholding the conviction of the three accused for offence under Section 500 of the Indian Penal Code, Court opined that as the incident took place 28 years back therefore the benefit of Section 4 of the Probation of Offenders Act could be granted in this case.

Accordingly, while ordering the release of the three revisionists on probation, Court further directed Kripal to pay Rs 1 lakh and Bhattacharya and Kanwar Rs 50,000 each to Singh within one month.

The Pioneer and the Swatantra Bharat newspapers published an interview of Singh, the then district magistrate of Muzaffarnagar. In the interview, Singh was quoted as saying that it is a human tendency when a woman is seen at a lonely place in the jungle any man will be inclined to rape her.

Singh sent a denial letter the same day saying that no such interview was given, however, a week later, the letter was published in the "Letter to Editor" column in a truncated form with the rejoinder of the reporter, further creating an impression that the interview was taken and the district magistrate had made the objectionable remarks.

Thereafter, Singh filed a defamation case.

The special chief judicial magistrate, Lucknow had convicted and sentenced them in 2007. The court of additional sessions judge confirmed the conviction in 2012, against which the three had filed revision petitions in the high court in 2012.

Case Title: Raman Kirpal v. State of U.P. and Another and two other connected matters

[Inputs: Business Standard]