Jammu & Kashmir High Court quashes defamation case against Times Group's Vineet Jain

The Jammu & Kashmir and Ladakh High Court recently quashed a criminal defamation complaint against Times Group managing director Vineet Jain over the publication of an engineer's photograph in a news report about the killing of an Army personnel [Vineet Jain v Aman Zargar].Justice Sanjay Dhar noted that under the Press and Registration of Books Act, 1867, the statutory responsibility for selecting newspaper content rests with the editor and there was no allegation that Jain had any role in selecting the news."Without there being a statutory presumption against the petitioner who happens to be the Managing Director of the Company which owns the newspaper in question, he could not have been proceeded against. In the absence of any specific allegation against the petitioner the prosecution against him cannot be sustained," the Court ruled..The Court also said that the publication was not defamatory in nature. It remarked that if an engineer is mistakenly shown as an Army personnel, it can by no stretch of reasoning be stated that his reputation has been harmed.“In fact, being a member of Indian Armed Forces in itself is a privilege and if a person is mistakenly shown as an Army personnel, the reputation of that person instead of being harmed, would get enhanced,” the Court added..If a person is mistakenly shown as an Army personnel, the reputation of that person instead of being harmed, would get enhanced.J&K High Court.Jain had challenged a complaint filed by engineer and social activist Aman Zargar before a Srinagar court, alleging commission of criminal defamation by the newspaper Sunday Times.Zargar alleged that a news report published in Sunday Times regarding the killing of an Army personnel in Sopore carried his photograph instead of the deceased soldier’s picture. He argued that the paper projected him as an Army man, causing damage to his reputation and exposing him to threats..In the judgment passed on July 13, the Court noted that the newspaper declaration mentioned Neelam Raaj as the editor responsible for selection of news, and there were no specific allegations against Jain regarding his role in publishing the disputed news item.The Court also took note that proceedings against co-accused arising out of the same allegations had already ended in acquittal.Accordingly, it quashed the complaint and all proceedings arising out of it against Jain..[Read Order]