JUDICIAL PROCESS SHOULD NOT BE AN INSTRUMENT OF OPPRESSION OR NEEDLESS HARASSMENT

Shubhani Mittal | Vivekananda Global University | 6th January 2020

Ranvijay Singh And Ors. … vs The State Of U.P And Anr Case:- U/S 482/378/407 No. – 284 of 2013

FACTS –

On 11th September 2009, an offending new item was published in “Rashtrya Sahara’’, Daily Hindi Newspaper. A defamation case was filed by the Respondent, Minister of State Department of Energy against the defamatory new item.

The defamatory news item was written on the basis of a letter, sent on the behalf of the Chief Minister, asking for inquiry report on the charge of demanding Rupees Ten Lakhs bribe from the Chief Engineer, and transferring him on his failure to comply, and putting him under suspension.

In a complaint, it was alleged that the minister, energy department, demanded rupees Ten Lakhs as bribe from Mr.R.K.Kashyap who was Chief Engineer, Western Electricity Distribution Corporation, to remain him on the post. It was alleged that the respondent told him that a part of the said amount would go to the Chief Minister and a similar amount of bribe was demanded from Mr. K.N. Upadhyay, Superintending Engineer and this amount was paid by Mr. K.N. Upadhyay to the Minister. It was further alleged that since the complainant denied to give the bribe, he was transferred to Lucknow, and thereafter placed under suspension on false charges.

A news item with the photograph of the Minster, relating to a charge of demanding bribe money of Rupees Ten Lakhs from the Chief Engineer, was published ‘Rashtriya Sahara’ on 11.09.2009.

The allegations are that the accused, including the petitioners, had colluded with each other, and published the news item, intending to malign and denigrate the image and reputation of the respondent as well as the State Government in the eyes of the public in general. Hence, the alleged complaint by Mr. R.K. Kashyap, Chief Engineer was false, and the news item was published to defame him.

JUDGEMENT –

While deciding the case, the court assessed the case on two fronts-

Whether the petitioners would be said to have requisite mens rea in defaming the complainant while publishing the offending news item in Rashtriya Sahara Newspaper on 11th September 2009, and maintainability of the original defamation suit, in context to Section 199 of CrPC.

In the first issue, the court noted that the news item which was published was factually based on two letters and there was no intention to defame anyone. Thus, it is observed that,

“ The news item was factually based on the two letters. If there is no imputation, it cannot be said that the offence of defamation has been committed by the accused. In the complaint, it has not been alleged that these two letters are forged. If these two letters are not denied, the news item cannot, in any manner, be said to be defamatory.”

 In the second issue, the court said that the requirement u/s 199 of CrPC was not fulfilled by the Respondent in the present case which states that, if a person defames a Minister in respect of his conduct in the discharge of his public functions, a Court of Session may take cognizance of such offence, upon a complaint in by the Public Prosecutor. Thus, it is observed that “The complaint was not maintainable before the Magistrate as there is a specific provision that the complaint should be filed through a Public Prosecutor in the Court of Session”

Hence,the court decides that judicial process should not be an instrument of oppression or needless harassment. It also makes it clear that no private person should be allowed to use judicial process as an instrument of vendetta in their hand to harass any other person