Kannur court in Kerala has ordered Malayala Manorama (newspaper), to compensate PK Indira, the wife of CPI(M) leader EP Jayarajan, with Rs.10 lakh. The court’s decision to hold Malayala Manorama’s publisher, editorial director, chief editor, an editor, and a reporter jointly and severally responsible for the compensation underscores the collective accountability within news organizations for the content they publish.
A Kerala court has mandated the prominent Malayalam daily, Malayala Manorama, to compensate PK Indira, the wife of CPI(M) leader EP Jayarajan, with Rs.10 lakh. This legal mandate comes as a result of a defamation lawsuit filed by Indira against the newspaper for an article published in 2020, which she claimed maligned her reputation by falsely alleging her involvement in a COVID-19 quarantine violation linked to a sensational gold smuggling case.
The contentious article, which hit the front pages on September 14, 2020, suggested that Indira had breached COVID-19 quarantine protocols to access a bank locker, insinuating a connection to her son’s alleged association with the gold-smuggling accused, Swapna Suresh. This narrative, according to the court’s findings, was not only unsubstantiated but also per se defamatory, casting aspersions on Indira’s character without adequate evidence or journalistic diligence.
Judge Karunakaran B of the Kannur court, in delivering the judgment, emphasized the gravity of the allegations made by Malayala Manorama.
“The impugned publication as per Ext.A1 (news article) is per se defamatory to the plaintiff (Indira) and the defendants (Manorama employees) have miserably failed to prove that their action was justified by truth and good faith… Imputation of one’s reputation is of serious concern, especially when the allegation is attributed to corruption, gold scam, etc. Plaintiff’s name has been dragged into a serious issue of the time, lowering her image before right-thinking people, without taking due care and caution before publication,”
the judgment elucidated.
The court’s decision to hold Malayala Manorama’s publisher, editorial director, chief editor, an editor, and a reporter jointly and severally responsible for the compensation underscores the collective accountability within news organizations for the content they publish. Furthermore, the imposition of a 6% per annum interest from the date of the decree until realization on the compensation amount highlights the financial implications of defamation judgments.
Indira’s legal battle against Malayala Manorama was predicated on her assertion that the article was crafted with a malicious intent to tarnish her and her husband’s reputation, a claim that found resonance with the court’s findings. Despite the newspaper’s defense that the article was published based on information verified from a reliable source and in good faith, the absence of documentary evidence to substantiate these claims significantly weakened their position.
The court’s rigorous analysis revealed that Malayala Manorama failed to meet the burden of proof required in defamation cases, leading to a judgment that not only vindicates Indira but also sets a precedent for media conduct.
“On reading the news, it would appear that plaintiff has some nexus with the alleged connection of her son with Mrs. Swapna Suresh. So, the news item is per se defamatory, unless justified with proof of its truth. So, the defendants could succeed only if they are able to establish the truth of its contents, to the extent which imputed the reputation of the plaintiff,”
the court observed.
This case serves as a cautionary tale for media outlets, highlighting the critical need for responsible journalism and the potential legal and financial repercussions of defamation. As the narrative unfolds, it reinforces the delicate balance between freedom of the press and the protection of individual reputations, a balance that is essential for the integrity of both the media and society at large.
CASE TITLE- PK Indira V/S Jacob Mathew
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