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Himachal Pradesh High Court · body

2019 DIGILAW 1023 (HP)

Editor, Divya Himachal v. Sukhdev Sharma

2019-07-25

TARLOK SINGH CHAUHAN

body2019
JUDGMENT : Tarlok Singh Chauhan, J. The appellants are the defendants, who have suffered a decree at the hands of the learned trial Court, which in turn, has been affirmed by the learned first appellate Court, constraining them to file the instant appeal. 2. The parties shall be referred to as the 'plaintiff' and 'defendants'. 3. The plaintiff filed a suit for libel claiming therein damages to the tune of Rs.10,00,000/-. It was averred that the plaintiff remained posted as District Ayurvedic Officer, Kangra at Dharamshala till March, 2007 and had many friends and relations in the said Division and he retired as District Ayurvedic Officer in March, 2007 and also being a permanent resident of Village and Post Office Dhaliara, Tehsil Dehra, District Kangra, H.P. enjoyed high respect and great reputation in the society. The defendants, who are the Editor, Publisher, Printer and Correspondent of 'Divya Himachal', respectively, on 31.01.2007, falsely and maliciously printed and published a news item under the heading of "SWARAN BHASAM KAND MAIN CHHEH NILAMBIT" and thereby projected that the plaintiff along with others has been suspended, whereas, no such order of suspension was passed against him or any other person. 4. As per the plaintiff, not even a show cause notice was given to him by his Department, Central Government and no inquiry was pending against him and moreover he was also not served with any suspension order. It was also averred that the plaintiff after going through the news item published on 31.01.2007 went to the office of the defendants to apprise them that wrong news has been published and it was assured by the defendants that they will tender unconditional apology in the newspaper, but they again falsely and maliciously printed and published the news item on 01.02.2007 with the heading that "AFSARO KE NILAMBAN SE AYURVEDIC VIBHAG ME HARKAMP". 5. 5. According to the plaintiff, by such wrong imputations published in the newspaper, he was made to understand by the defendants that he was an incompetent, useless and dishonest District Ayurvedic Officer, who committed criminal offence while in service and thereby he has been greatly injured in his credit and reputation and has been brought in public odium and contempt and by this act of the defendants, he has also suffered mental pain, agony, discomfort, humiliation, financial, physical and mental hardship and this even led to the breaking of marriage of his son. 6. It was also averred that by such imputations, the status of the plaintiff has been lowered down in the eyes of general public. The plaintiff after retirement on 31.03.2007 started private practice at Dhalilara, but his practice suffered badly due to the news published by the defendants and this also has lowered the moral and intellectual character of the plaintiff in the estimation of others. Hence, the suit. 7. The defendants contested the suit by filing two sets of written statements, one by defendant No.4 and other by defendants No.1 to 3. In both the written statements, common preliminary objections have been raised qua non maintainability of the suit, estoppel, no cause of action, improper valuation of the suit for the purpose of court fee and jurisdiction, plaintiff not approaching the court with clean hands and suppression of material facts. However, in the written statement filed by defendants No.1 to 3, certain other legal objections qua locus standi and non-joinder of necessary parties have also been raised. On merits, defendants No.1 to 3 averred that there was no news item against the plaintiff and whatever news item was given by the correspondent and published by the defendants, was in the public interest and on the basis of the information supplied to the correspondent and the same was neither intentional nor deliberate. 8. It was further averred that in fact "SWARAN BHASM" is a metallic gold preparation which is costly medicine valued for Rs.14,000/- to Rs.4,00,000/- per Kg in the open market and the same is not only a health tonic but also a preventive and curative medicine for various ailments and on account of its highly effective properties, it was used by higher-ups in the society. The defendants also averred that the story of such medicine relates back to the year 1984 when Ayurvedic College, Paprola initially purchased such medicines under the then purchasing committee, despite the fact that the State Ayurvedic Association was opposed to such purchase as it alleged that the costly medicines are being purchased not for tribals or dispensaries, but for use of Officers/Officials of the Government, who are allergic to allopathic medicines. As per defendants, the purchase came under the scanner as there was no testing of medicines and it was given to 12 firms, who did not fulfill the G.N.P. Rules and violated the goods manufacturing price rules. In 2005, the process of purchase of such metallic preparation was initiated by the Central Government when it sent Ayurvedic medicines to the State Government to demand the listed medicines. As per letter No.280/4/1/2005/HP/Cell dated 28.12.2006, huge funds to the extent of 276.25 lakh were released to the State Government for purchase of medicines. 9. It was further averred that the Central Government took serious note of the news item dated 28.12.2006 published in the 'Divya Himachal' and the 'AAYUSH' Department (Ayurvedic Yunani Sidha Homeopathy System of Medicines) inspected many Ayurvedic dispensaries and took their records. The team was accompanied by the plaintiff, who was representing the medicines purchase committee and the said news was published in 'Divya Himachal' on 25.01.2007 which inter alia provided that action may be taken against the members of purchasing committee with reference to distribution process. It was found that the State Purchasing Committee had purchased the medicines worth about Rs.3 crore from the same old 12 companies which were banned on the protest of State Drug Manufacturing Association because such companies were violating the Goods Manufacturing Pricing Rules and the G.N.P. Rules. It was also the stand of defendants No.1 to 3 that even the then Hon'ble Chief Minister had taken exception to that and thereafter on 30.01.2007, at Hamirpur, directed before the general public to suspend all the members of the purchasing committee which included the plaintiff, Dr. R.P. Sood, Ayurvedic Director, Dr. B.C. Katoch, Dr. Subhash Sharma, the then District Ayurvedic Officer, Shimla, Dr. Premi and Dr. Rathore and this news was published by 'Divya Himachal', 'Punjab Kesari' and 'Amar Ujala' in their edition of 31.01.2007 and the version of the plaintiff was also given in the said news. 10. R.P. Sood, Ayurvedic Director, Dr. B.C. Katoch, Dr. Subhash Sharma, the then District Ayurvedic Officer, Shimla, Dr. Premi and Dr. Rathore and this news was published by 'Divya Himachal', 'Punjab Kesari' and 'Amar Ujala' in their edition of 31.01.2007 and the version of the plaintiff was also given in the said news. 10. It was also averred that there was turmoil in the Department and such news item was published in 'Divya Himachal' on 01.02.2007. It was under pressure and to save the skin of some officers and as a measure to lessen the loss of reputation of the Department that the Secretary Ayurveda changed his version and took a 'U' turn to save the Department. The news dated 31.01.2007 was given after investigation and on the basis of statements of Chief Minister and Divya Himachal Team of Shimla and Dharamshala Bureau, carried both the news dated 31.01.2007 and 01.02.2007 and published on same grounds honestly and in good faith and in public interest without any malafide intention or on account of any personal vendetta. 11. It was further averred by the defendants that there was no false, malicious imputation against the plaintiff nor there was any deliberate motive and intention to defame the plaintiff. Moreover, no moral or intellectual character of the plaintiff was imputed or lowered down and the defendants still hold plaintiff in high esteem. 12. The factum with regard to plaintiff approaching the office of the defendants and refusing to take any legal notice has been denied. The factum with regard to defendants No.1 to 3 publishing the news item in connivance with defendant No.4 and also at her instance has also been denied. No news item was published in issue of 25.01.2007 knowingly or with any malafide intention to lower down the reputation of the plaintiff and it has also been denied that any harm was caused to the plaintiff in the estimation of others or his moral and intellectual character has been lowered down in the eyes of others. As per the defendants, they did not mean that the plaintiff was an incompetent, useless District Ayurvedic Officer, who had committed any criminal offence. As per the defendants, they did not mean that the plaintiff was an incompetent, useless District Ayurvedic Officer, who had committed any criminal offence. Any injury to the plaintiff due to publishing of such news and any harm having been caused to his reputation or any humiliation having been caused to him, besides grave financial, physical and metal hardship to the plaintiff have been specifically denied. The factum with regard to breakdown of marriage of the son of the plaintiff due to publication of the news item has also been denied. In fact, the plaintiff is not entitled for any damages and his private practice has not been affected. 13. Defendant No.4 in his separate written statement has specifically denied that she falsely and maliciously printed and published the news item in the edition of 31.01.2007 of 'Divya Himachal'. It was averred that from the perusal of the news item, it is clear that defendant No.4 has nothing to do with the same and the present suit has been filed by the plaintiff merely on conjectures and surmises and that too without verifying the true facts. The factum of approaching the plaintiff, office of 'Divya Himachal' and the defendants assuring him for tendering unconditional apology in the newspaper has been denied. As per defendant No.4, she never submitted any news item as published in the issue of 01.02.2007 of 'Divya Himachal'. The news items submitted by various correspondents are edited and reconstructed by the Editor or Chief Editor of the newspaper and the same are published on their recommendations. The news item published on 01.02.2007 was wrongly reconstructed and reproduced in the newspaper concerned and defendant No.4 has nothing to do with the same and she reserved his right to initiate appropriate legal proceedings against the erring newspaper officials. Lastly, the defendants prayed for dismissal of the suit. 14. Plaintiff filed replications to both the written statements reasserting and reiterating the averments made in the plaint while denying the averments raised in the written statements. 15. On the basis of the pleadings of the parties, the learned trial Court on 01.10.2010 framed the following issues:- "(1) Whether plaintiff is entitled for recovery of Rs.10,00,000/-as prayed for? OPP. (2) Whether suit of the plaintiff is not maintainable? OPD. (3) Whether plaintiff is estopped from filing the suit by his act and conduct? OPD. 15. On the basis of the pleadings of the parties, the learned trial Court on 01.10.2010 framed the following issues:- "(1) Whether plaintiff is entitled for recovery of Rs.10,00,000/-as prayed for? OPP. (2) Whether suit of the plaintiff is not maintainable? OPD. (3) Whether plaintiff is estopped from filing the suit by his act and conduct? OPD. (4) Whether suit is bad for non-joinder of necessary parties? OPD. (5) Relief." 16. After recording evidence and evaluating the same, the learned trial Court decreed the suit of the plaintiff by awarding damages to the tune of Rs.3,00,000/- along with interest at the rate of 6% per annum. 17. Aggrieved by the judgment and decree passed by the learned trial Court, the defendants filed appeal before the learned first appellate Court, whereas, the plaintiff filed Cross Objections, both of which were dismissed by the learned first appellate Court on 09.06.2017, constraining the defendants to file the instant appeal. 18. It is vehemently argued by Shri K.B.Khajuria, Advocate, for the appellants/defendants that the plaintiff has failed to prove that the news item published was defamatory and further failed to prove that such statement exposed the plaintiff to hatred, contempt or ridicule which were pre-requisite for maintaining a suit for defamation. The sum and substance of his arguments is that the findings recorded by the learned Courts below are perverse and, therefore, liable to be set aside. 19. On the other hand, Shri Rajneesh K. Lal, Advocate, for respondent No.1, would argue that the findings recorded by the learned Courts below are in accordance with law and rather the damages as awarded by the learned trial Court are on the lower side taking into consideration the fact that the plaintiff has since retired. I have heard the learned counsel for the parties and have gone through the records of the case. 20. The moot question is whether the news item is in fact defamatory. Before going into the factual matrix of the case, it would be necessary to understand as to what exactly is defamation. 21. Winfield has defined defamation as follows:- "Defamation is the publication of statement which tends to lower a person in the estimation of right thinking members of society generally or which tends to make them shun or avoid that person. 21. Winfield has defined defamation as follows:- "Defamation is the publication of statement which tends to lower a person in the estimation of right thinking members of society generally or which tends to make them shun or avoid that person. It is libel if the statement be in permanent form and slander if it consists in significant words or gestures." 22. In view of the above definition of defamation, following are the essential ingredients of the tort of defamation:- 1. Malice. The words must have been published maliciously. 2. They must be defamatory. 3. The words must have reference to the plaintiff. 4. They must be published. 23. Meaning of the term "defamation" has been elaborately considered by the Hon'ble Supreme Court in its decision titled Subramanian Swamy vs Union of India, Ministry of Law and others, (2016) 7 SCC 221 wherein it was observed as under: "23. Meaning of the term "defamation" 23.1. Salmond and Heuston on the Law of Torts, 20th Edn., Bata India Ltd. v. A.M. Turaz and Ors., (2013) 53 PTC 536; Pandey Surindra Nath Sinha v. Bageshwari Pd.., (1961) AIR Patna 164, define a "defamatory statement" as under: "A defamatory statement is one which has a tendency to injure the reputation of the person to whom it refers; which tends, that is to say, to lower him in the estimation of right thinking members of society generally and in particular to cause him to be regarded with feelings of hatred, contempt, ridicule, fear, dislike, or disesteem. The statement is judged by the standard of an ordinary, right thinking member of society" 23.2. Halsburys Laws of England, 4th Edn. Vol. 28, defines "defamatory statement" as under: "10.Defamatory Statement-A defamatory statement is a statement which tends to lower a person in the estimation of right thinking members of the society generally or to cause him to be shunned or avoided or to expose him to hatred, contempt or ridicule, or to convey an imputation on him disparaging or injurious to him in his office, profession, calling, trade or business." 23.3. The definition of the term has been given by Cave, J. in Scott v. Sampson, 1882 LR 8QBD 491(DC) as a "false statement about a man to his discredit." 23.4. The definition of the term has been given by Cave, J. in Scott v. Sampson, 1882 LR 8QBD 491(DC) as a "false statement about a man to his discredit." 23.4. "Defamation", according to Chambers Twentieth Century Dictionary, means to take away or destroy the good fame or reputation; to speak evil of; to charge falsely or to asperse. According to Salmond: "The wrong of defamation, consists in the publication of a false and defamatory statement concerning another person without lawful justification. The wrong has always been regarded as one in which the Court should have the advantage of the personal presence of the parties if justice is to be done. Hence, not only does an action of defamation not survive for or against the estate of a deceased person, but a statement about a deceased person is not actionable at the suit of his relative. "Gatley's Libel and Slander (6th Edn., 1960) also Odger's Libel and Slander (6th Edn., 1929)". 23.5. Winfield and Jolowics on Torts (Sweet and Maxwell, 17th Edn., 2006) defines "defamation" thus: "Defamation is the publication of a statement which tends to lower a person in the estimation of right thinking members of society generally; or which tends to make them shun or avoid that person." 23.6. In the book The Law of Defamation, (Richard O'Sullivan, QC and Roland Brown), the term "defamation" has been defined as below:- "Defamation may be broadly defined as a false statement of which the tendency is to disparage the good name or reputation of another person." 23.7. In Parmiter v. Coupland, 1840 6 M and W 105: 151 ER 340, "defamation" has been described as:- " ..A publication, without justification or lawful excuse, which is calculated to injure the reputation of another, by exposing him to hatred, contempt, or ridicule .." 23.8. The definition of "defamation" by Fraser was approved by McCardie, J in Myroft v. Sleight,1921 90 LJKB 883: 37 TLR 646. It says: "a defamatory statement is a statement concerning any person which exposes him to hatred, ridicule or contempt or which causes him to be shunned or avoided or which has a tendency to injure him in his office, profession or trade." 23.9. Carter Ruck on Libel and Slander (Manisha Koirala v. Shashi Lal Nair, (2003) 2 BCR 136 : 2002 SCC Online Bom. Carter Ruck on Libel and Slander (Manisha Koirala v. Shashi Lal Nair, (2003) 2 BCR 136 : 2002 SCC Online Bom. 827) has carved out some of the tests as under: (Manisha Koirala Case, SCC Online Bom. para 23) "(1) a statement concerning any person which exposes him to hatred, ridicule, or contempt, or which causes him to be shunned or avoided, or which has a tendency to injure him in his office, professional or trade. (2) a false statement about a man to his discredit. (3) would the words tend to lower the plaintiff in the estimation of right thinking members of society generally?" 24. It is more than settled that a newspaper is in no different position from an individual and it cannot give currency to a defamatory statement and escape upon the ground itself that it did not believe in what it had published. This ground may have some bearing on the question of damages but not upon the question of liability. The responsibility in either case is the same. The degree of care and attention is in no way less in the case of newspaper publications than that required from an ordinary individual. 25. There can be no doubt that fair comments upon any matter of public interest which are included in the publications in a newspaper are protected publications in the absence of malice. 26. As per Lord Shaw: "A newspaper has the right and no greater or higher right to make comment upon a public officer or a person occupying a public situation than an ordinary citizen". (Langlands v. John Leng Ltd., 1916 SC(HL) 102 at p. 110). 27. A newspaper has no privilege beyond any other member of the community in commenting upon any matter of public interest and no privilege whatsoever attaches to its position. When the defendant in a case for damages, takes the plea of fair comment, he is not required to justify the comment and it is sufficient for him if he can satisfy the Court that it is a "fair" comment. If the words complained of, are justified as comment and the words also contain allegations of fact, the defendant is required to prove that such allegations of fact are true and it is not sufficient for him to plead that he bonafide believed them to be true. If the words complained of, are justified as comment and the words also contain allegations of fact, the defendant is required to prove that such allegations of fact are true and it is not sufficient for him to plead that he bonafide believed them to be true. In other words, the distinction between comment and allegations of fact must always be borne in mind in determining whether the plea of fair comment can be sustained. 28. As regards the publication by the editor, printer and publisher, it is the duty of an editor of a newspaper to check up the news of the information that is supplied to him, before publishing the same in his paper, especially when the news might be defamatory. The editor would be responsible for publishing any defamatory material in his paper. 29. As regards the publisher, he would be liable for every publication, wherein any imputation concerning another person, intending to harm or knowing or having reason to believe that such imputation will harm the reputation of the other person, has been made. For such publications, the publisher would be guilty of defaming the other person. 30. Coming to the duties and rights of the journalists, the journalist like any other citizen has the right to comment fairly and if necessary, severely on a matter of public interest, provided that the allegations of facts he has made are accurate and truthful, however defamatory they may be otherwise. Since his right to comment on matters of pubic interest is recognized by law, the journalist obviously owes an obligation to the public to have his facts right. Where the journalist himself makes an investigation, he must make sure that all his facts are accurate and true, so that if challenged, he would be able to prove the same, so that the public interests are better served in that way. (Rustom K. Karanjia v. Krishnaraj M.D. Thackersey, (1970) AIR Bombay 424 at p. 433) 31. Now as regards proof in case of a journalist, to bring publication of a scandalous imputation under the penal law, it is not necessary to prove that it was done out of any ill-will or malice or that the complainant had actually suffered from it. (Rustom K. Karanjia v. Krishnaraj M.D. Thackersey, (1970) AIR Bombay 424 at p. 433) 31. Now as regards proof in case of a journalist, to bring publication of a scandalous imputation under the penal law, it is not necessary to prove that it was done out of any ill-will or malice or that the complainant had actually suffered from it. It would be sufficient to show that the accused intended or knew or had reason to believe that the imputation made by him would harm the reputation of the complainant. Every sane man is presumed to have intended the consequences, which normally follow his act. (G.Chandrasekhara Pillai vs. G. Raman Pillai, 1964 KLT 317 at p. 330) 32. The newspapers are subject to the same rules as for other media, and have no special right or privilege, and in spite of the latitude allowed to them, it does not mean that they have any special right to make unfair comments, or to make imputations upon the character of a person, or imputations upon or in respect of a person's profession or calling. (Mitha Rustomji Murzban vs. Nusserwanji, (1941) AIR Bombay 278 at p. 283) 33. It is the duty of a journalist to only publish complaints which he is satisfied are true. If he publishes complaints of a defamatory nature, which are not true he must suffer the consequences. A journalist who publishes a statement about an individual is in the eyes of law precisely in the same position as is any other person. He is not specially privileged as to what he may say. But, on the other hand, he undoubtedly has a greater responsibility to guard against untruths; for the simple reason that his utterances have a far larger publication, than the utterances of an individual, and they are more likely to be believed by the ignorant by reason of their appearing in print. (Khair-ud-din vs. Tara Singh, 1927 AIR Lahore 22-23) 34. It is the legitimate function of all newspaper in a democratic set up to act as champions of a clean administration and sentinels of public interest, and as such they are well within their rights to expose and bring to the notice of the general public any lapse or malpractice in the administration including that of nepotism and favouritism. It is the legitimate function of all newspaper in a democratic set up to act as champions of a clean administration and sentinels of public interest, and as such they are well within their rights to expose and bring to the notice of the general public any lapse or malpractice in the administration including that of nepotism and favouritism. Where there is a genuine case of favouritism and nepotism, a newspaper by bringing it to the notice of the general public would be acting for the public good. 35. It is thus needless to emphasize that a free and healthy press is indispensable to the functioning of a true democracy. In a democratic set up there has to be an active and intelligent participation of the people in all spheres and affairs of their community as well as the State. It is their right to be kept informed about current political, social, economic and cultural life as well as the burning topics and important issues of the day in order to enable them to consider and form broad opinion about the same and the way in which they are being managed, tackled and administered by the Government and its functionaries. To achieve this objective the people need a clear and truthful account of events, so that they may form their own opinion and offer their own comments and viewpoints on such matters and issues and select their further course of action. The primary function, therefore, of the press is to provide comprehensive and objective information of all aspects of the country's political, social, economic and cultural life. It has an educative and mobilizing role to play. It plays an important role in molding public opinion and can be an instrument of social change. It may be pointed out here that Mahatma Gandhi in his autobiography has stated that one of the objectives of the newspaper is to understand the proper feelings of the people and give expression to it; another is to arouse among the people certain desirable sentiments; and the third is to fearlessly express popular defects. It therefore turns out that the press should have the right to present anything which it thinks fit for publication. It therefore turns out that the press should have the right to present anything which it thinks fit for publication. But it has to be remembered that this freedom of press is not absolute, unlimited and unfettered at all times and in all circumstances, as giving an unrestricted freedom of speech and expression would amount to an uncontrolled license. If it were wholly free even from reasonable restraints it would lead to disorder and anarchy. The freedom is not to be misunderstood as to be a press free to disregard its duty to be responsible. In fact, the element of responsibility must be present in the conscience of the journalists. In an organized society, the rights of the press have to be recognised with its duties and responsibilities towards the society. Public order, decency, morality and such other things must be safeguarded. The protective cover of press freedom must not be thrown open for wrong doings. If a newspaper publishes what is improper, mischievously false or illegal and abuses its liberty it must be punished by Court of law. The editor of a newspaper or a journal has a greater responsibility to guard against untruthful news and publications for the simple reasons that these utterances have a far greater circulation and impact than the utterances of an individual and by reason of their appearing in print, they are likely to be believed by the ignorant. That being so, certain restrictions are essential even for the preservation of the freedom of the press itself. To quote from the report of Mons Lopez to the Economic and Social Council of the United Nations "If it is true that human progress is impossible without freedom, then it is no less true that ordinary human progress is impossible without a measure of regulation and discipline." It is the duty of a true and responsible journalist to strive to inform the people with accurate and impartial presentation of news and their views after dispassionate evaluation of the facts and information received by them and to be published as a news item. The presentation of the news should be truthful, objective and comprehensive without any false and distorted expression. (See In Re: Harijai Singh and another , (1996) 6 SCC 466 36. The presentation of the news should be truthful, objective and comprehensive without any false and distorted expression. (See In Re: Harijai Singh and another , (1996) 6 SCC 466 36. A large number of people tend to believe as correct that which appears in the print or electronic media and for these reasons alone, the mass media has to be circumspect while dealing with news. (Rajendra Sail. M.P. High Court Bar Association, (2005) 6 SCC 109 ) 37. It cannot be denied that over the years, the newspapers have reached people of all categories irrespective of age, literacy and their capacity to understand. The impact of what is published therein on the society is phenomenal. Unfortunately, this uncontrolled or unedited telecast or propagation of news is resorted to in the name of exercise of the right to freedom of speech and expression, or freedom of press and it is for this pr cise reason that the Press Council of India on 21.1.1993 had issued the following guidelines for guarding against the commission of the following journalistic improprieties and un-ethicalities: "1. Distortion or exaggeration of facts or incidents in relation to communal matters or giving currency to unverified rumours, suspicions or inferences as if they were facts and base their comment, on them. 2. Employment of intemperate or unrestrained language in the presentation of news or views, even as a piece of literary flourish or for the purpose of rhetoric or emphasis. 3. Encouraging or condoning violence even in the face of provocation as a means of obtaining redress of grievance whether the same be genuine or not. 4. While it is the legitimate function of the Press to draw attention to the genuine and legitimate grievance of any community with a view to having the same redressed by all peaceful, legal and legitimate means, it is improper and a breach of journalistic ethics to invent grievances, or to exaggerate real grievances, as these tend to promote communal ill-feeling and accentuate discord. 5. Scurrilous and untrue attacks on communities, or individuals, particularly when this is accompanied by charges attributing misconduct to them as due to their being members of a particular community or caste. 6. Falsely giving a communal colour to incidents which might occur in which members of different communities happen to be involved. 7. 5. Scurrilous and untrue attacks on communities, or individuals, particularly when this is accompanied by charges attributing misconduct to them as due to their being members of a particular community or caste. 6. Falsely giving a communal colour to incidents which might occur in which members of different communities happen to be involved. 7. Emphasizing matters that are apt to produce communal hatred or ill-will, or fostering feelings of distrust between communities. 8. Publishing alarming news which are in substance untrue or make provocative comments on such news or even otherwise calculated to embitter relations between different communities or regional or linguistic groups. 9. Exaggerating actual happenings to achieve sensationalism and publication of news which adversely affect communal harmony with banner headlines or distinctive types. 10. Making disrespectful, derogatory or insulting remarks on or reference to the different religions or faiths or their founders." 38. In India, since we have a written constitution, it is recognized that freedom of speech is not an absolute unlimited right. Article 19(2) provides reasonable restrictions on what is guaranteed by Article 19(1)(a). Therefore, the mass media must maintain high professional standards and are obliged to verify the correctness of the news disseminated. Publication of false news cannot be regarded as a public service, but as a disservice to the public. Publication of every bit of news does not necessarily serve the public interest. 39. Bearing in mind the aforesaid exposition of law, it would now be necessary to set out the articles that were published in the daily 'Divya Himachal' on 25.01.2007, 31.01.2007 and 01.02.2007 to find out whether the same are defamatory or not and the English translation whereof reads as under:- "JANUARY 25, 2007. RAID ON DISPENSARIES BY CENTRAL GOVERNMENT. For making inquiry into alleged distribution of 'Swaran Bhasam' medicine without any test, the team of AYUSH department reached Himachal Pradesh. Manjeet Chauhan Shimla- The Central Government has taken stringent cognizance of the distribution of 'Swaran Bhasm' medicine in the Dispensaries, without any test. Taking note of the news published on 28th December in "Divya Himachal", the AYUSH department of the Centre has reached in the State to inspect dispensaries and has already conducted raid on many dispensaries. The AYUSH team has visited the State to check the usage of grant provided by the Central Government for the purchase of medicine and the distribution system of these medicines. The AYUSH team has visited the State to check the usage of grant provided by the Central Government for the purchase of medicine and the distribution system of these medicines. The committee will inspect the effect and distribution of these medicines in the hospitals at Dharamshala, Kangra, Dehra and that in the Ayurvedic Department and will prepare the record and then it will thereof submit its report to the Central Minister of AYUSH. Due to this reason, the team of experts from Ministry of AYUSH has reached Himachal to investigate in the matter of distribution of medicine. This is for the first time that when the AYUSH department has taken the initiative for inspection of the distribution of medicines purchased out of the grant released by the Central Government for the purchase of these medicines. The official sources of the department have stated that after 1984, this year seven different types of medicines made up of 'SWARAN BHASAM', were purchased by the Ayurvedic Department. Despite of this, these medicines were distributed without any tests, in the area of Rohru and other far-flung tribal areas of this State. The sources have disclosed that these medicines were provided to those Officers, in the higher rank of the State, who are allergic to allopathic medicines. These medicines were purchased from not only the Pharma Companies of the Himachal but also from that of other States. Purchasing Committee and the Ayurvedic Department were hesitating to openly disclose as to how much medicines have been distributed to the dispensaries of the various districts of the State. However, as are being stated, out of the so purchased seven types of medicines comprising of 'SWARAN BHASAM', not even one type of medicine, could reach all of the 1150 Ayurvedic Dispensaries. Dr. Sukhdeep, one of the members of Medicine Purchasing Committee from Dharmashala and Expert of department, who accompanied the AYUSH team during its visit to the various dispensaries of District Kangra, has stated that the AYUSH team has reached here to inspect the process of distribution of medicines. After inspecting the record, AYUSH team will submit its report to the Central Ministry. Stringent view of the Centre on the news published in 'Divya Himachal' Enquiry record will be submitted to the Central Ministry. After inspecting the record, AYUSH team will submit its report to the Central Ministry. Stringent view of the Centre on the news published in 'Divya Himachal' Enquiry record will be submitted to the Central Ministry. These are the medicines containing 'SWARAN BHASAM' Aforesaid action was taken for the distribution of the above mentioned medicines purchased by the Ayurvedic Department that include Basant Kusmakur Ras, Yogendar Ras, Swarn Parpati, Varhidvad Chittamani Ras, Swarn Bsant Malti Ras, Sidh Sagar Dhwaj. All these medicines contains 'SWARAN BHASAM' and were distributed without any test. These officials will face the brunt. The departmental sources have stated that due to the dispute arisen on account of purchase and distribution process of medicine, the Purchasing Committee as well as some other officers of the Department can face the brunt. As per the information received, the Purchasing Committee include Dr. Sukhdeep, District Ayurvedic Officer, Dharamshala, SDMO Katren, Professor of Paprola College, Dr. Subhash Sharma and officers of Aayurvedic Department. Dated: 31.01.2007 Six suspended in "SWARAN BHASAM KAND" Ayurvedic Medicine Purchasing Committee found guilty in Centre Probe. Shimla, Dharamshala- Members of the Purchase Committee are facing the brunt for alleged purchase of medicines in the State Ayurvedic Department without any test. Centre Government has directed the State Government to suspend all the members of the Purchase committee. 'Divya Himachal' in its edition published on 28th December and 25th January unearthed that Ayurvedic department had violated all the norms while purchasing the "SWARAN BHASAM" medicine and same were purchased from those twelve firms, which do not fulfill GNP Rules. All the members of purchasing committee which included Sh. R.P. Sood, Ayurveda Director, Dr. B.C Katoch, Ayurvedic officer, Shimla, Dr. Subhash Sharma, Dr. Sukhdev, Ayurvedic officer of District Kangra, Dr. Premi, SDMO, District Kullu and Dr. Rathore, Paprola College, were directed to be suspended. Centre Government has initiated these proceedings on the recommendation of Ayush Department, which had recently visited the State. The funds of around 3 crores were released to the Ayurveda Department for the purchase of medicines. However, despite of disapproval by the Hon'ble Chief Minister Sh. Virbhadra Singh, the department purchased the medicines from firms which do not fulfill the terms and conditions. It is significant to mention here that Doctors' Medical Association had submitted a complaint to the Hon'ble Chief Minister that medicines are being purchased without adhering to the rules. However, despite of disapproval by the Hon'ble Chief Minister Sh. Virbhadra Singh, the department purchased the medicines from firms which do not fulfill the terms and conditions. It is significant to mention here that Doctors' Medical Association had submitted a complaint to the Hon'ble Chief Minister that medicines are being purchased without adhering to the rules. After 1984, this year seven types of medicines containing "SWARAN BHASAM" were purchased by the Ayurvedic Department and without testing these medicines, they distributed them in the different hospitals of the State. Not only this, the medicine containing "Bhasam" was even distributed amongst the Higher Officials of the department. However, Dr. Sukhdev Sharma, the Ayurvedic Officer, Kangra, showed his ignorance about the suspension of the members of the Purchasing Committee. TURMOIL IN THE AYURVEDIC DEPARTMENT DUE TO SUSPENSION OF OFFICERS. "BHASAM" costs upto Rs four Lakh per k.g Sanjay Sharma Paprola- The 'SWARAN BHASAM', which has put the future of Ayurvedic Officers in jeopardy, is not only precious, but also has the qualitative medicinal properties. The cost of these 'BHASAMS' range from fourteen thousand to four lakh rupees per kg. Due to which, higher ups in the society keep their vigil on these precious 'BHASAMS'. The 'BHASAMS', due to which Ayurvedic Officers have been suspended, include 'Basant Kusumakar Ras' which costs around Rs. 250/- per gram. The 'Yogender Ras' is the costliest amongst them. It costs around Rs. 400/- per gram. The cost of 'Swaran Parpati' is 250/- per gram, Vrihdvad Chitamani costs Rs 250/- per gram; Swaran Basant Malti cost Rs. 28.50 per gram and cost of Sidh Makardhwaj is Rs 15/- per gram. All these 'BHASAMS' were distributed amongst those higher officials/officers who were allergic to allopathic medicines. 'Yogendar Ras is beneficial for curing diseases like Arthritis, Polymorphous, hysteria and 'Alppit'. Basant kusumakar is beneficial for Tuberculosis, 'Leprosy', Swarn Parpati is beneficial in 'Sagrahani' and Tuberculosis; Vrihdvad Chitamani is beneficial in Arthritis, Dysentery; Swarn Basant Malti is beneficial in Tuberculosis, Malaria, chronic fever, whereas Sidh Makardhwaj is full of medicinal qualities. The procurement process of these medicines was started in the year 2005. Manjeet Chauhan Shimla- There has been a turmoil in the Ayurvedic department due the suspension of six officers in the alleged scam of procurement of 'SWARAN BHASAM' medicines. The procurement process of these medicines was started in the year 2005. Manjeet Chauhan Shimla- There has been a turmoil in the Ayurvedic department due the suspension of six officers in the alleged scam of procurement of 'SWARAN BHASAM' medicines. It is for the first time when the suspension orders of six higher officers have been issued by the Central Ministry in a single go. The procurement process of the 'SWARAN BHASAM' medicines was started in the year 2005, when the Central Government had sent the list of Ayurvedic medicines to the State Government and informed the Government that it can demand any of the listed medicines. However, In February, 2006, the State Medical Purchase Committee gave priority to the 'SWARAN BHASAM' medicine worth rupees three crores. Although, the indents of medicines were used to be called from the different Ayurvedic Dispensaries of the State, so that information could be drawn as to what type of drugs and how much are being consumed in the State and what type of medicines will be supplied to an area. The official sources have stated that for the last many years, the State Purchasing Committee is taking decision at their own level in respect of the supply and types of medicines. Due to which, 'Swaran Bhasam' medicines wroth crores of rupees were ordered in the State and which were later procured from those 12 pharma companies, which were banned by the State Government on the demand of the State Drugs Manufacturing Association as these companies do not fulfill the Goods Manufacturing Prices Rules. For the last many years, Ayurvedic Department has been procuring the medicines from these companies only. On the basis of which, the union had made a request to the Chief Minister for procuring the medicines from some other companies except these companies. The medicines containing 'Swaran' have the properties of health tonic. Instead of Ayurvedic dispensaries, these medicines were supplied to the higher dignitaries for providing them health benefits. In a haste, these medicines were sent to the Ayurvedic dispensaries without conducting any test. The department has no record as to how much medicine was supplied to which dispensary. The medicines containing 'Swaran' have the properties of health tonic. Instead of Ayurvedic dispensaries, these medicines were supplied to the higher dignitaries for providing them health benefits. In a haste, these medicines were sent to the Ayurvedic dispensaries without conducting any test. The department has no record as to how much medicine was supplied to which dispensary. Divya Himachal had unearthed the news regarding the procurement, distribution and testing of 'Swaran Bhasam' medicines, However, after conducting the raid and taking the record in its possession, the Central Ministry had issued the order of suspension of six higher officers of the department. Rumours are there that the chairman of the Medical Purchase Committee is being shielded, whereas he is a Chairman of a Purchasing Committee. Instead of dispensaries, the medicine were distributed amongst the rich people of the State. SCAM WAS ALSO BROUGHT TO LIMELIGHT IN 1984 Prior to this, in the year 1984, the then Director has also been suspended by the department in the 'Swaran Bhasm' scam. This post was converted in to non-technical category from technical category. Previous to 2006, the State have received the 'Swaran Bhasm' medicines in the year 1984." 40. A perusal of the news item published on 25.01.2007 (Ex. PW-1/A) goes to show that the Central Government had raided some of the Ayurvedic Dispensaries in the State of H.P. and in pursuance whereof action against the plaintiff amongst others is inevitable. Further, vide news item dated 31.01.2007 (Ex. PW-1/B), it has been published that the plaintiff along with other officials was suspended for ignoring the rules for purchasing 'Swaran Bhaskar Churan'. Following this, another news item was published on 01.02.2007 stating that the future of the suspended officials is in peril and the purchase was made to facilitate the higher officials. 41. When confronted with the correctness of these news items, the learned counsel for the appellants/defendants was not in a position to support or justify their contents as being factually correct as he failed to produce any material on record whereby it could be shown that the plaintiff was suspended from job on account of any irregularity made by the purchasing committee for procuring 'Swaran Bhaskar Churan' of which he was a member. His only contention was that the news had been published as such as was supplied by the correspondent Smt. Manjeet Chauhan, defendant No.4. His only contention was that the news had been published as such as was supplied by the correspondent Smt. Manjeet Chauhan, defendant No.4. But, then in case the written statement filed on behalf of defendant No.4, more particularly, para-4 thereof, is adverted to, it would be noticed that the said defendant has categorically denied that she ever submitted any news item as published in the newspaper, rather she has gone to the extent of stating that the news item has been wrongly reconstructed by the Editor and the Chief Editor of the appellants' newspaper. Unfortunately, defendants No.1 to 3 have failed to lead any evidence to show that the news item was supplied to them by correspondent-defendant No.4. 42. Thus, it stands established on record that the publications made in the newspaper are nothing but the handywork of defendants No.1 to 3 themselves and having published scandalous imputations against the plaintiff, they have to pay the price for the same. Every sane person is presumed to have intended the consequences which normally follow from his act. But, Journalists of some standing can very well be presumed to know or to have reason to believe that the imputations published by him would harm the complainant's reputation. 43. In Sewakram Sobhani vs. R.K. Karanjiya, Chief Editor, Weekly Blitz and others, (1981) AIR SC 1514 while considering the privileges of Journalists, the Hon'ble Supreme Court held that Journalists do not enjoy any special privilege and have no greater freedom than others to make any imputations or allegations, sufficient to ruin the reputation of a citizen. Journalists are in no better position than any other person. 44. In Re Harijai Singh and another (supra), the Hon'ble Supreme Court observed as under: "10. But is has to be remembered that this freedom of press is not absolute, unlimited and unfettered at all items and in all circumstances as giving an unrestricted freedom of the speech and expression would amount to an uncontrolled license. If is were wholly free even from reasonable restraints it would lead to disorder and anarchy. The freedom is not to be misunderstood as to be a press free to disregard its duty to be responsible. Infact, the element of responsibility must be present in the conscience of the journalists. In an organized society, the rights of the press have to be recognised with its duties and responsibilities towards the society. The freedom is not to be misunderstood as to be a press free to disregard its duty to be responsible. Infact, the element of responsibility must be present in the conscience of the journalists. In an organized society, the rights of the press have to be recognised with its duties and responsibilities towards the society. Public order, decency, morality and such other things must be safeguarded. The protective cover of press freedom must not be thrown open for wrong doings. If a newspaper publishes what is improper, mischievously false or illegal and abuse its liberty it must be punished by Court of Law. The Editor of a Newspaper or a journal has a greater responsibility to guard against untruthful news and publications for the simple reason that his utterances have a far greater circulation and impact than the utterances of an individual and by reason of their appearing in print, they are likely to be believed by the ignorant. That being so, certain restrictions are essential even for preservation of the freedom of the press itself. To quote from the report of Mons Lopez to the Economic and Social Council of the United Nations "If it is true that human progress is impossible without freedom, then it is no less true that ordinary human progress is impossible without a measure of regulation and discipline". It is the duty of a true and responsible journalist to strive to inform the people with accurate and impartial presentation of news and their views after dispassionate evaluation of the facts and information received by them and to be published as news item. The presentation of the news should be truthful, objective and comprehensive without any false and distorted expression. 11 .The editor and publisher are liable for illegal and false matter which is published in their newspaper. Such an irresponsible conduct and attribute on the part of the editor, publisher and the reporter cannot be said to be done in good faith, but distinctly opposed to the high professional standards as even as slightest enquiry or a simple verification of the alleged statement about grant of Petrol outlets to the two sons of a senior Judge of the Supreme Court, out of discretionary quota, which is found to be patently false would have revealed the truth. But it appears that even the ordinary care was not resorted to by the condemners in publishing such a false news items. This cannot be regarded as a public service, but a disservice to the public by misguiding them with a false news. Obviously, this cannot be regarded as something done in good faith." 45. It is then argued by Shri K. B.Khajuria, Advocate, for the appellants that the amount of Rs.3,00,000/- could not have been awarded as damages for defamation and token damages should have been awarded. 46. In Vishwanath Agrawal vs. Sarla Vishwanath Agrawal, (2012) 7 SCC 288 , while dealing with the aspect of reputation, the Hon'ble Supreme Court observed as under: "55 ..reputation which is not only the salt of life, but also the purest treasure and the most precious perfume of life. It is extremely delicate and a cherished value this side of the grave. It is a revenue generator for the present as well as for the posterity." 47. In Kiran Bedi vs. Committee of Inquiry, (1989) 1 SCC 494 , the Hon'ble Supreme Court reproduced the following observations from the decision in D.F.Marion vs. Davis, 1927 55 ALR 171 which read as under: "25. 'The right to the enjoyment of a private reputation, unassailed by malicious slander is of ancient origin, and is necessary to human society. A good reputation is an element of personal security, and is protected by the Constitution equally with the right to the enjoyment of life, liberty and property.'" 48. In Mehmood Nayyar Azam vs. State of Chhattisgarh, 2012 8 SCC 11, the Hon'ble Supreme Court ruled that: "1 .The reverence of life is insegregably associated with the dignity of a human being who is basically divine, not servile. A human personality is endowed with potential infinity and it blossoms when dignity is sustained. The sustenance of such dignity has to be the superlative concern of every sensitive soul. The essence of dignity can never be treated as a momentary spark of light or, for that matter, 'a brief candle', or 'a hollow bubble'. The spark of life gets more resplendent when man is treated with dignity sans humiliation, for every man is expected to lead an honourable life which is a splendid gift of 'creative intelligence'. When a dent is created in the reputation, humanism is paralysed." 49. The spark of life gets more resplendent when man is treated with dignity sans humiliation, for every man is expected to lead an honourable life which is a splendid gift of 'creative intelligence'. When a dent is created in the reputation, humanism is paralysed." 49. Dealing with reputation as a cherished right, the Hon'ble Supreme Court in Umesh Kumar vs. State of A.P., (2013) 10 SCC 591 , observed as under: "18 ...Personal rights of a human being include the right of reputation. A good reputation is an element of personal security and is protected by the Constitution equally with the right to the enjoyment of life, liberty and property. Therefore, it has been held to be a necessary element in regard to right to life of a citizen under Article 21 of the Constitution. The International Covenant on Civil and Political Rights, 1966 recognises the right to have opinions and the right to freedom of expression under Article 19 is subject to the right of reputation of others." 50. In Om Prakash Chautala vs. Kanwar Bhan and others, (2014) 5 SCC 417 , the Hon'ble Supreme Court observed as under: "1 ..Reputation is fundamentally a glorious amalgam and unification of virtues which makes a man feel proud of his ancestry and satisfies him to bequeath it as a part of inheritance on posterity. It is a nobility in itself for which a conscientious man would never barter it with all the tea of China or for that matter all the pearls of the sea. The said virtue has both horizontal and vertical qualities. When reputation is hurt, a man is half-dead. It is an honour which deserves to be equally preserved by the downtrodden and the privileged. The aroma of reputation is an excellence which cannot be allowed to be sullied with the passage of time. The memory of nobility no one would like to lose; none would conceive of it being atrophied. It is dear to life and on some occasions it is dearer than life. And that is why it has become an inseparable facet of Article 21 of the Constitution. No one would like to have his reputation dented. One would like to perceive it as an honour rather than popularity .." 51. Thus, it is more than settled that reputation of a person is priceless. And that is why it has become an inseparable facet of Article 21 of the Constitution. No one would like to have his reputation dented. One would like to perceive it as an honour rather than popularity .." 51. Thus, it is more than settled that reputation of a person is priceless. No amount of money is sufficient to compensate the mental loss, agony and sufferings which the plaintiff underwent on account of defamatory publications. Therefore, a paltry sum of Rs.3,00,000/- awarded by the learned Courts below can only be taken to be a token amount towards damages, warranting no interference by this Court. 52. No question of law, much less any substantial question of law, arises for determination in this appeal. 53. In view of the aforesaid discussion and for the reasons stated above, there is no merit in this appeal and the same is accordingly dismissed, along with pending application(s), if any, leaving the parties to bear their own costs.