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| Defamation case against TV journalist | | Petition seeking quashment of proceedings dismissed | |
Jammu, Feb 9 (JNF): Justice Hasnain Massodi of State High Court has dismissed a petition filed by Rahul Kanwal a Television Journalist against the order of Trial Court seeking quashment of proceedings pending the in trial court. In the petition it has been submitted that The Television Channel Headlines Today on 24th July, 2010 telecast a panel discussion between the petitioner, Lieutenant General (retd.) B.S.Malik, Shiv Aroor-correspondent of a newspaper and Manoj Joshi, Deputy Editor Mail Today. The panel made a general discussion of declining values in the armed forces and need to maintain highest standard of discipline among the armed forces". One of the panellist, as admitted in the petition on hand, observed that "the conversation between the respondents was deplorable and un-becoming of an Army Officer and that he would be liable to be punished".Brig. PK Tickoo aggrieved with aforesaid telecast filed a complaint under Section 500 RPC read with section 499 RPC before learned Chief Judicial Magistrate.While dismissing the petition filed by Television Journalist, Justice Hasnain Massodi after hearing both the sides observed that This court cannot in exercise of inherent powers step in the shoes of the trial court and return a finding on veracity of the stand taken by the petitioner or creditworthiness of the evidence the parties may, down the line, bring on record during the trial. This court in exercise of inherent powers cannot look into question of spill over of the telecast on his reputation and standing in the society. The petitioner in his complaint in general and in paras 15, 16 and 17 has spelt out in detail the fall out of the telecast on his reputation and intention as well as knowledge on the part of the respondent No.2 that the imputation allegedly made was to harm the reputation of respondent No.1. The trial Magistrate accordingly recorded satisfaction that prima facie commission of offence punishable under Section 500 RPC was made out and that "there is sufficient ground for proceeding in the matter". There is no reason to dispute the satisfaction so recorded. The petition is, accordingly, dismissed and the record returned to the trial Court that trial that got delayed due to the pendency of the instant petition, commenced forthwith. |
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