Photo used for indicative purpose only. Source internet
Shimla, July 7,
The Himachal Pradesh High Court has convicted a newspaper editor for defamation, holding him guilty of publishing an unverified and defamatory news item. The order was passed by Justice Rakesh Kainthla on Wednesday, who reversed a trial court’s acquittal of the editor and directed that the convicted be produced before the court for sentencing on July 24.
The case stems from a complaint by Gopal Chand, a resident of Khoronwala, who accused two individuals—Ramesh Kumar, a former Pradhan, and Vijay Gupta, the editor of Him Ujala newspaper—of publishing a defamatory article in 2004 that labelled him a “Natakbaaj” (drama artist) and “Gunda” (goon), thereby damaging his reputation in the community.
While the trial court had acquitted both accused, Justice Kainthla upheld the acquittal of accused no. 1, Ramesh Kumar, citing lack of evidence linking him directly to the publication. However, the court found that accused no. 2, editor Vijay Gupta, had inserted defamatory language of his own accord and failed to verify the contents of the press note submitted by Ramesh Kumar.
“The words used—calling the complainant a gunda and member of a shallow theatre troupe—were not protected by good faith and amounted to defamation per se,” the court ruled. It further noted that Gupta did not conduct any inquiry before publishing the allegations and could not claim protection under the Press and Registration of Books Act.
The bench emphasized that mere republication of a libel does not absolve the publisher of responsibility, especially when defamatory language is added independently. Justice Kainthla held that Vijay Gupta acted without due care or diligence, making him liable under Section 500 IPC.
The matter is now listed for hearing on sentencing on July 24, 2025.
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