Court issues summons to MD, others

Defamation complaint of JKAS officer against News portal

Excelsior Correspondent

JAMMU, Oct 3: Sub Judge (Special Mobile Magistrate) Kathua Surinder Kumar Thappa has taken cognizance of a criminal complaint filed under Section 499 / 500 IPC (Defamation) by a JKAS officer Tasbina Sheikh presently posted as Deputy Registrar (Cooperatives), Kathua against Jammu Samvad (Media/News Agency), its Managing Director Lalit Khajuria , Reporter Amit Ajrawat, Talib Hussain, proprietor M/S Khwaja Traders of Bani, Mohd Araf (JE) of Lawang and Akash Kumar of Bani.
The court has summoned the accused to appear in person on October 25, 2023. The summon has been forwarded to SHO Police Station Bani and APP of the court for effecting service upon the accused for ensuring their presence on the next date of hearing.
In the complaint, the complainant Tasbina Sheikh, who hails from Bani, has alleged that on September 20, 2023 the MD of Jammu Samvad Lalit Khajuria and Amit Ajrawat at the behest of Mohd Araf (JE), Talib Hussain and Akash Kumar aired a defamatory story on their web portal Jammu Samvad entitled ‘JKAS Officer Ban Gayi Farzi GST Officer, FIR Registered, Hosh Udaa Degi khabar’ wherein without ascertaining the version of the complainant, the defamatory allegations were leveled against her.
Advocate Kirti Bhushan Mahajan appearing for the JKAS officer submitted that the news portal indulged in yellow journalism by suppressing and concealing the vital facts from the public at large and failed to air the version of the complainant which had been obtained telephonically on August 10, 2023 by Amit Ajrawat Reporter of Jammu Samvad. He further submitted that throughout the offending defamatory video, the MD as well as Reporter of Jammu Samvad did not refer FIR number 0037/2023 dated June 28, 2023 lodged against Mohammad Araf (JE), Talib Hussain and Akash Kumar, all residents of Bani who were nursing a grudge against the complainant and her family members.
“In the entire video both the media persons referred the allegations mentioned in the counter blast FIR No. 0047/2023 dated August 2,2023 and this was done with the oblique motive to malign the reputation of the complainant so that their family may not press FIR No.0037/2023 dated June 28,2023 lodged against 3 persons and on the basis of the said FIR Mohammad Araf (JE) was attached to the administrative department at Civil Secretariat Jammu”, the counsel for the complainant submitted.
After hearing Advocate Kirti Bhushan Mahajan at length, the court of Sub Judge, Special Mobile Magistrate Kathua took cognisance of the criminal complaint and after recording the preliminary statement of the complainant JKAS officer and her witnesses and further considering the annexures/offending video, the court prima facie found that there is commission of offences under Section 499/500 IPC (Defamation) and accordingly, issued summons against five accused.