In a significant ruling that reinforces the freedom of the press, the Punjab and Haryana High Court has quashed defamation proceedings against journalists from the Indian Express, including former editor Vipin Pubby and resident editor Manraj Grewal. The case, which has been a focal point for discussions on journalistic integrity and freedom, was dismissed by Justice Anoop Chitkara, who emphasized the vital role of journalists as “independent monitors of power.”
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The case originated from a 2008 news report in the Indian Express, which alleged that a retired IPS officer, Param Vir Rathee, had been involved in corrupt activities. The report claimed that an accused had confessed to the CBI about Rathee recommending police protection after receiving a bribe. Rathee responded by filing a defamation case against the journalists involved.
Justice Chitkara, in his judgment, highlighted the importance of journalism in a democracy.
“Journalism is the fourth pillar of any Democracy. As a journalist, the reporter’s sacrosanct duty is loyalty towards the citizenry,”
he stated. The judge recognized the challenges faced by journalists, including pressures from influential parties and government agencies, and underscored the need for court protection to enable them to publish news without fear of harmful consequences.
The court observed that the Indian Express and its reporters had adhered to ethical standards of journalism by including Rathee’s version in the news report, demonstrating impartiality and reasonableness.
“The reporter, Varun Chaddha, and the publisher, Indian Express, acted within the parameters of prudence and reasonableness,”
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Justice Chitkara noted, adding that their actions were protected under Articles 19 and 21 of the Constitution of India.
In his detailed judgment, Justice Chitkara remarked,
“A complete reading of the news, which contained the complainant’s rebuttal, his version, the version of the police, can be stated to have been published in good faith and discharge of their functions in a democracy, and if restrictions are created to publish such news, it would be just like killing a mockingbird.”
The court also quashed the summons against Barjinder Singh Hamdard, Managing Editor of Ajit newspaper, noting that the complainant had not satisfied the fundamental requirements under Section 499 IPC as there was no evidence that any members of the public had read the news published in Ajit Samachar.
Justice Chitkara’s ruling is a testament to the role of the judiciary in safeguarding press freedom and ensuring responsible journalism. The decision sets a precedent for the treatment of defamation cases against journalists, emphasizing the need for a balanced approach that protects both individual reputations and the freedom of the press.
This ruling is not just a victory for the Indian Express and its journalists but a significant moment for the press in India, reaffirming the essential role of journalism in a democratic society.
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