Magistrate summons NLU Delhi faculty in criminal defamation suit by former Registrar GS Bajpai

A Dwarka Court on Monday issued summons to National Law University, Delhi faculty member Jeet Singh Mann in a criminal defamation suit filed by former Registrar Prof GS Bajpai [Prof (DR.) G.S. Bajpai v. Jeet Singh Maan]..Prof Bajpai, who is currently Vice-Chancellor of Rajiv Gandhi National University of Law (RGNUL), Patiala, claimed that Mann actively published defamatory posts against him on Facebook without any evidence, in order to tarnish his public image. He also submitted that Mann targeted Bajpai's daughter, who is working as Research Associate in the same university..Judge Pranat Kumar Joshi, before delving into the merits of the case, reiterated that only a prima facie case needed to be made out at the stage of issuing process..Following this observation, the judge examined the three essential ingredients that are required to be fulfilled to attract the offence of criminal defamation under Section 499 of the Indian Penal Code.Firstly, it was found that Bajpai, being a professor of criminal justice and criminology and serving as Registrar of a prime law institute, enjoyed a high reputation in society. Having established reputation, the Court examined imputation.Observing that imputation requires publicity, the magistrate noted that the Facebook posts published by the accused could be read by persons other than the person defamed.“As per the law of defamation where the words containing the imputation are in writing, it is necessary that the maker of imputation shall intend that the words shall be read, that is, read by some person other than the person defamed, or in other words, that they shall be made public for the essence of the offence which is the intention to cause harm to the reputation, and that necessarily requires publicity to be given to the imputation.”.Secondly, the Court examined and concluded that the identity of Bajpai could be established from the Facebook posts, since the page mostly had faculty members and students from NLU Delhi as members.“If any person from NLU, Delhi reads the content published by the alleged person, it would be a no brainer for anyone to associate the complainant and daughter with the persons against whom such imputations have been made for the reason that the complainant is the registrar and his daughter was enrolled in the Ph.D course after not being able to make it in her first attempt.”.Thirdly, while assessing whether the imputations were sufficient to harm Bajpai's reputation, the judge quoted his deposition, where he submitted that he faced student mobilization, protests and security threats both inside and outside the campus as a result of the posts.The judge also found merit in the deposition made by Bajpai's daughter that she faced ostracization within the academic community after the imputations were "frequently reported in prominent media like Bar and Bench and Live Law.".Therefore, the magistrate found that the nature of imputation was such that it would lower the esteem of the complainant in the eyes of right-thinking members of the society.“The law on this aspect is clear. The intent to defame is not necessary, mere knowledge that the imputation would harm the complainant is sufficient, irrespective of whether harm is actually caused or not.”.Mann was directed to appear before the Court on January 12, 2022..Advocate Sanjay Vashishtha appeared for the complainant. .[Read Order Here]