High Court Kerala High Court

K.V.Balan vs The Kerala Kaumudhi Daily on 24 May, 2010

Kerala High Court
K.V.Balan vs The Kerala Kaumudhi Daily on 24 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AS.No. 539 of 1999()



1. K.V.BALAN
                      ...  Petitioner

                        Vs

1. THE KERALA KAUMUDHI DAILY
                       ...       Respondent

                For Petitioner  :SRI.T.K.VIPINDAS

                For Respondent  :SRI.V.V.SURENDRAN

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :24/05/2010

 O R D E R
                       HARUN-UL-RASHID,J.
                 ---------------------------
                       A.S.NO.539 OF 1999
                 ---------------------------
              DATED THIS THE 24TH DAY OF MAY, 2010

                              JUDGMENT

Appellant is the plaintiff in O.S.No.195/93 on

the file of the Sub Court, Kozhikode. The suit was filed for

realisation of Rs.1,00,000/- towards damages for the publication

of defamatory statement by the defendants. The trial court

dismissed the suit. Hence, the appeal. The parties hereinafter

referred are the plaintiff and defendants as arrayed in the suit.

2. The plaintiff is a Circle Inspector of Police.

The defendants are the Editor, Printer and Publisher, Managing

Director and Resident Editor of the Kerala Kaumudi Daily

newspaper. It is alleged that on 9/3/1992 the defendants

published a news item with the malicious intention of defaming

the plaintiff at the instigation of some interested persons. It is the

plaintiff’s case that the publication is defamatory. Ext.A1 is the

said publication. According to the plaintiff, the caption was

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A.S.539/1999

intended to attract public attention and to humiliate the plaintiff,

that the news item was not a fair comment and published without

any investigation by the reporter, that the plaintiff and the injured

Subadra were neighbours and even if any quarrel developed

between the neighbours, it was only an ordinary and common

incident, which does not involve any public interest and

therefore the alleged caption was unwarranted and defamatory to

the plaintiff. The defendants contended that the report was

gospel truth, that the news item does not assert about the truth or

otherwise of the alleged incident and that it was based on a

complaint made by the husband of the injured. The trial court

held that on a careful reading of the report would show that the

newspaper does not say about the truth of the incident and what

is stated is “nurse was injured due to the incident.” The definite

case of the defendants is that they were only reporting a fact

which was true and after convincing that such an incident had

taken place. It has come out in evidence that the injured Subadra

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A.S.539/1999

had lodged a complaint to the police against the present plaintiff

and his wife. On an examination of the facts, evidence and

circumstances, the trial court concluded that the evidence

adduced by the defendants shows that the report was based on

true facts. The defendants are printers, publishers and the

resident reporter of the newspaper having wide circulation in

most parts of the State and therefore the newspaper has a moral

duty to report true facts concerning illegal acts in which number

of public men are involved. Such a report which is based on true

facts cannot be considered as one intended to defame that person.

I have also examined the oral evidence of Pws. 1 to 3 and the

documentary evidence, Exts.A1 to A4(a) and B1 to B4 adduced

by the parties. On an appreciation of oral and documentary

evidence, the trial court held that the plaintiff has not succeeded

in proving any malicious intention on the part of the defendants

and that Ext.A1 report was not a defamatory one and the same

was published based on true facts. I find that no valid grounds

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A.S.539/1999

are made out by the appellant to interfere with the findings

recorded by the court below.

In the result, the appeal fails and the accordingly

dismissed. There will be no order as to costs.

HARUN-UL-RASHID,
JUDGE.

kcv