Excelsior Correspondent
Srinagar, Oct 13: High Court today quashed the complaint lodged by People’s Democratic Party (PDP) leader Naeem Akhter against Arnab Goswami and three other Republic Bharat Journos for making alleged defamatory remarks on corruption in JKPPC against him.
Four Journos Aditya Raj Koul, Zeenat Zeeshan Fazil, Arnab Goswami and Sakal Bhat challenged the complaint of Akhter as also the cognizance taken and issuance of process by the Chief Judicial Magistrate Srinagar in the complaint against them.
“…thus, the complaint and the proceedings emanating there deserve to be quashed. Accordingly, the petition is allowed and the complaint titled “Naeem Akhter versus Arnab Goswami and others” pending before the Court of Chief Judicial Magistrate, Srinagar, and the proceedings emanating there-from are quashed”, Justice Sanjay Dhar concluded.
In the complaint of Naeem Akhtar it was alleged that on July 4th, 2018, the news channel of Arnab Goswami broadcasted a defamatory and malicious news segment against the complainant for allegations of corruption and favouritism against a close aide of former Chief Minister of the then State.
The petitioners, it is said, in their channel talked about massive corruption happening in J&K Project Construction Corporation (JKPCC) and concluded that such alleged corruption was happening at the behest of the complainant-Akhter.
The petitioners who were made accused in the complaint have challenged the complaint as well as the proceedings emanating there from on the grounds that the allegations of corruption against the complainant-Akhter were not made by the petitioners but these were made in a letter addressed to the then Governor and the petitioners on the basis of the said letter only broadcast a news segment relating to these allegations.
Referring the Supreme Court on freedom of press, Justice Dhar said, the press, which is the fourth pillar of democracy, has a bounden duty to bring to the notice of the viewers and readers the day-to-day events, particularly those relating to public figures and public servants concerning their actions and omissions affecting the public at large.
Court said, it is not in disputed that respondent-Akhter was holding the portfolio of Works Minister in the coalition Government of People’s Democratic Party and it is also not in dispute that the letter addressed to the then Governor of erstwhile State of Jammu and Kashmir, in which allegations of corruption and favouritism as regards award of tenders and functioning of the Corporation were made though the said letter does not disclose the name of the Works Minister, who was at the helm of affairs at the relevant time but it clearly suggests that the Works Minister, referred to in the letter, is none other than the complainant-Akhter which is not disputed by him also.
Court has held that the complaint and the material on record do not constitute an offence of defamation against the petitioner-journalist. Court on taking cognizance and issuing process against the petitioner-Journalists, said the trial Magistrate has not applied his mind to the whole material before him.
” Had the Magistrate applied his judicial mind to the material on record, he would have come to the conclusion that the alleged offence is not made out against the petitioners/accused. It seems that the Magistrate has approached the whole matter lightly, and in a mechanical manner while issuing the process against the petitioners”, court recorded.
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