SRINAGAR: The High Court of Jammu Kashmir and Ladakh on Thursday partly allowed a petition in a defamation case involving the Jammu edition of Dainik Jagran. Justice Sanjay Dhar ruled that while proceedings against the newspaper’s owner, Sanjay Gupta, are quashed, the case against its editor, Abhimanyu Sharma, will continue.
The case originated from a complaint filed by Prem Kumar, a businessman from Ramgarh, Samba, who alleged that a news item published in Dainik Jagran falsely linked him to militant activities, including involvement in attacks on security forces at Nagrota and Ramgarh. The complaint claimed the publication defamed him by portraying him as an over-ground worker for terrorists and by lowering his reputation in the community.
While the petitioners argued that the news item was based on information already in the public domain from security agencies and that they had no intention to harm the complainant’s reputation, the High Court found that even without intent, the publication could prima facie be considered defamatory under Section 499 of the Indian Penal Code.
Justice Dhar clarified that Abhimanyu Sharma, as the declared editor of the Jammu edition, is responsible for the selection of the newspaper’s content. The court, however, noted that no specific allegation linked owner Sanjay Gupta to the editorial decision, leading to the quashing of proceedings against him.
The judgment underscores the accountability of editors in the selection and publication of news content, while also balancing freedom of the press with legal safeguards against defamation.
The trial Magistrate in Samba has been directed to proceed with the case against the editor.
