The Jammu and Kashmir High Court on Wednesday, October 13, quashed a defamation complaint filed by Peoples Democratic Party (PDP) leader Naeem Akhtar against Republic TV’s Arnab Goswami and journalist Aditya Raj Kaul, among others. Quashing the defamation proceedings pending before the court, the single-bench of Justice Sanjay Dhar observed that “reporting allegations about the official duties of a public figure cannot be considered defamatory.”
The court was hearing a 2018 defamation complaint filed by the senior leader of Peoples Democratic Party (PDP), Naeem Akhter, against the Editor-in-Chief of Republic TV, Arnab Goswami, journalist Aditya Raj Kaul, Sakal Bhatt and others.
“…when a journalist publishes an accurate and true report in respect of a public figure relating to his public functions, which is already in the public domain, it cannot be stated that there was any intention to harm the reputation of such person,” the single judge bench of Jammu and Kashmir HC observed.
“Having carefully watched the news programme contained in the compact disk attached to the complaint, I do not find any imputation or any allegation having emanated from the presenters of the news programme. The anchors and the presenters only repeatedly referred to the letter of Shri Khalid Jahangir and read out contents,” the judgment read.
Following the HC judgement, Republic TV Tweeted: “The battle is long and hard but it is fought and won. J&K High Court quashes criminal proceedings against Arnab Goswami and @republic! Republic’s historic victory in the case is a win for independent Indian media.”
https://twitter.com/republic/status/1448571598395510784?ref_src=twsrc%5EtfwUploading a copy of the order, journalist Aditya Raj Kaul also thanked the J&K High Court for upholding the freedom of expression and rights of journalists and quashing defamation complaints filed against him and his colleague and others in the 2018 case.
https://twitter.com/AdityaRajKaul/status/1448278205727604739?ref_src=twsrc%5EtfwThe 2018 defamation case against Arnab Goswami and Aditya Raj Kaul
The complaint against Goswami and Kaul, who was then an anchor for Republic TV, was filed in July 2018 under sections 499 (defamation) and 500 (punishment for defamation) of the Ranbir Penal Code before the court of Chief Judicial Magistrate, Srinagar by Peoples Democratic Party (PDP) leader Naeem Akhtar.
Akhtar said that on July 4, 2018, Republic TV had broadcast a “defamatory and malicious news segment”. At the time, Akhtar was an MLA and had held the portfolio of works minister in the PDP-BJP coalition government before its collapse in June 2018.
In the programme, Adityaraj Kaul and others had discussed the allegations made by Khalid Jahangir, a member of the BJP, in a letter dated June 21, 2018, to the governor.
Jahangir had accused a “close associate” of the former chief minister of the state (Mehbooba Mufti) of “corruption and favouritism.”
Despite the fact that the letter did not mention anyone by name, the complainant claimed that Arnab Goswami “deliberately and knowingly” invoked his name in conjunction with the allegations levelled in the letter.
He further claimed that the show’s hosts, including Kaul, “repeatedly and intentionally, kept on mentioning Akhtar’s name in connection with the allegations made in the letter”.