VidhiSangh

Supreme Court of India · 31/10/2022

AROON PURIE versus STATE OF NCT OF DELHI & ORS.

[2022] 18 S.C.R. 311 · 2022 INSC 1142

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A retired Foreign Service officer filed a criminal defamation complaint over a 2007 India Today article reporting his recall from the UK over a local employee's sexual-harassment complaint. He named the Editor-in-Chief, the reporter and officials of the Ministry of External Affairs. The magistrate summoned them and the Delhi High Court refused to quash. The Supreme Court quashed the complaint against the Editor-in-Chief and the officials. The Section 7 presumption of the Press and Registration of Books Act applies to the "editor". A Chief Editor can be prosecuted only on specific allegations of his role, and there were none. The officials had merely reported the complaint to superiors, which Exception 8 to Section 499 protects, and exceptions can be applied under Section 482 where the facts justify. The reporter's appeal failed; whether his conduct was justified is for trial.

Issues

  1. Whether an Editor-in-Chief can be prosecuted for defamation absent specific allegations of his role, given that the presumption under Section 7 of the Press and Registration of Books Act, 1867 applies to the editor.
  2. Whether the benefit of an exception to Section 499 IPC can be extended at the stage of a petition under Section 482 CrPC.

Provisions considered

Held

Result

Appeals of the Editor-in-Chief and the three public servants allowed and the summoning order and Complaint No. 584/1/2010 quashed against them; the appeal of the reporter dismissed.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 311.