N. B. KHARE Vs. M. R. MASSANI

JUDGEMENT

(1.) THIS is an application for revision against an order of discharge which was upheld by the Additional Sessions Judge in a complaint made under Section 500, Penal Code, for defamation. The complainant is Dr. N.B. Khare who was for a time Prime Minister of the Congress Government which assumed power in 1937. The accused are the writer and publisher of a book called "India's Constitution at Work," and the Editor and Publisher of a local daily paper known as the "Nagpur Times." Dr. Khare complains that the book contains matter defamatory of him and that the "Nagpur Times" published extracts from these defamatory passages which also defamed him. The defence as particularised in argument rests on fair comment and on Exoep. 9 to Section 499, Penal Code. Before dealing with the passages complained of, it will be advisable to have the law clear. It has been set out succinctly in Gatley on Libel and Slander, 3rd Edn., p. 378, and the following passages will bear repetition: In order that a comment may be fair, the following conditions must be satisfied: (a) It must be based on facts truly stated. (b) It must not contain imputations of Corrupt or dishonourable motives on the person whose conduct or work is criticised, save in so far as such imputations are warranted by the facts. (c) It must be the honest expression of the writer's real opinion.

(2.) IN expatiating on these principles so luoidly expressed Gatley observes at p. 389: The question which the jury must consider is this: Would any fair man, however prejudiced he might be, or however exaggerated or obstinate his views, have written this criticism?

(3.) THEN again there is Bray, J. in R. v. Russell in an unreported case which Gatley quotes from Fraser's Law of Libel. When you come to a question of fair comment you ought to be extremely liberal, and in a matter of this kind...you ought to be extremely liberal, because it is a matter on which men's minds are moved, in which people who do know, entertain very very strong opinions, and if they use strong language every allowance should be made in their favour. They must believe what they say... If they do believe it, and they are within anything like reasonable bounds, they come within the meaning of fair comment.