‘Like killing a mockingbird’: HC quashes defamation proceedings against journalists in 2008 case

The defamation complaint was lodged over a news report on bribery.

WrittenBy:NL Team
Date:
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The Punjab and Haryana High Court on Thursday quashed defamation proceedings against several journalists, including Indian Express resident editor Manraj Grewal, in a case lodged by retired Indian Police Service officer Param Vir Rathee, Bar and Bench reported.

In his defamation complaint in a Gurgaon court in 2008, Rathee had accused 18 major newspapers, particularly mentioning a news item in the The Indian Express titled “Accused says he bribed ADGP, sought police protection”. 

The report had mentioned that an accused had allegedly confessed before the CBI that Rathee had recommended police protection to them after taking a bribe. It had also explicitly carried Rathee’s denial. 

Besides Grewal, the proceedings have been quashed for Indian Express’s former resident editor Vipin Pubby, and news dailies Ajit and Ajit Samachar managing editor Barjinder Singh Hamdard, among others.

The court said that the newspapers and their reporters had not committed an offence by publishing news reports on Rathee.

The court said: “A complete reading of the news, which contained the complainant’s rebuttal, his version, the version of the police, can be stated to have been published in good faith and discharge of their functions in a democracy, and if restrictions are created to publish such news, it would be just like killing a mockingbird.”

The single-judge observed that courts must be more vigilant and proactive while safeguarding the interests of journalists, and that in the “fearless pursuit of their duties”, brave journalists face pressures from influential parties or government agencies. 

The court said the journalists had adhered to all ethical standards of reasonableness and impartiality.

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