- (1.) S. S. Kulshrestha, J. All the three applications purporting to be under Section 482 of the Code of Criminal Procedure (the Code) have been brought by Sri Chandan Mitra, the Editor of the Pioneer CMYK Printech Ltd. along with Sri Jitendra Verma and Sri Deepak Mukherji, who are associated with the said newspaper in either capacity. In these applications common questions of law and facts are involved and so they are taken together for disposal.
(2.) CRIMINAL Misc. Application No. 7930 of 2003 relates to the quashing the proceedings of complaint case No. 3199 of 2002, Satish Chandan v. Jitendra Verma, under Section 500 IPC CRIMINAL Misc. Application No. 7931 of 2003 to the quashing the proceedings of complaint case No. 3200 of 2002, Dr. Krishna v. Jitendra Verma, under Section 500 IPC and CRIMINAL Misc. Application No. 7932 of 2003 to the quashing the proceedings of complaint case No. 3198 of 2002, Dr. Uma v. Jitendra Verma, under Section 500 IPC. It has been averred that applicant No. 1 is the Editor of the daily newspaper. The Pioneer published by CMYK Printech Ltd. the applicant No. 2 is the Reporter/author of the alleged defamatory news article and the applicant No. 3 is the Publisher of the said newspaper. They are professions and highly skilled persons and associated with the newspaper industry which is known for its integrity and long standing. Smt. Pragya Prabhati Mishra, the O. P. No. 1 who at her own gave the statement which was published in the Sunday Pioneer (English) edition on 2-12-2001. Her husband was also present when her statement was recorded. He has also been arraigned as O. P. No. 2. At the behest of such statement made by Smt. Pragya Prabhati Mishra that news article was published with the titled "original sin". That article is the exact reproduction of the statement and the allegations made by O. P. No. 1 regarding the agony she suffered in her life, wherein she was posed to grow up on incest with full support of her family which was part of known religious cult known as Sahaj Margi, which according to her is part of "shri Ram Chandra Mission. The said news item made the disclosure of the events which happened in the life of Smt. Pragya Prabhati Mishra due to her being part of the said cult. It has further been mentioned that even a bare perusal of the news item would not exhibit anything defamatory qua the O. P. No. 2. In the above backdrop separate complaints, under Section 500 IPC were brought in the Court of learned Addl. Chief Judicial Magistrate II, Saharanpur wherein all the three applicants were made accused. In all these complaints it has also been alleged that the persons arraigned as the accused had the reason to believe that the news article dated 2-12-2001 published in the newspaper would be defamatory and impute the reputation of the complianant and the Mission and so they are responsible for the loss of reputation of the complainant and the Mission. That article is said to be false, baseless and scandalous. To the contrary "shri Ram Chandra Mission" is totally spiritual institution involved in search of truth through meditation and Sahaj Marg. The accused have conspired against the pious institution by making such defamatory publication. The persons who were associated with the said institution have started changing their views in respect of said Mission as well as of the complainants and they have also started saying that the complainants were associated with the institution which is involved in immoral and antisocial activities. The trial Court after, taking into consideration the allegations made in the complaints and also the statements of the witnesses recorded under Sections 200 and 202 of the Code found a prima facie under Section 500 IPC and took the cognizance. Simultaneously summons were also issued against the accused applicants. At this stage these proceedings have been challenged on the ground that the complainant would not come within the category of person aggrieved by the offence and so all these complaints are barred by Section 199 of the Code. This section is mandatory in nature and the bringing of complaint by third persons would not be maintainable. In as much no personal allegations were made by the accused applicants the complainants. Such defamation if construed to be in respect of any association or collection of persons, an individual cannot maintain the complaint saying that he was defamed. There was no intention on the part of the accused applicants to have hurt the reputation of the complainants. Further several such complaints in other parts of the country, the reference of which has been given in the petition, have been filed wherein the proceedings have been stayed by the respective High Courts. From the perusal of the above three complaints it is clear that the complainants are the members of Shri Ram Chandra Mission which is registered under the Societies Registration Act and totally a spiritual institution involved in search of truth through system of meditation and system of Sahaj Marg. The Pioneer in its English Edition on 2-12-2001 published an article under the caption "rite or wrong? ORIGINAL SIN", which is said to be totally false, baseless, derogatory and with a view to defame the institution in a well planned conspiracy. It is further said that the news item contained highly defamatory imputations against the said institution. Some passage of the said news item, which are appearing to be defamatory, may be extracted herein under: This is a story that defies all grades of imagination of right, of wrong of possibilities and situations. It is a story of woman who has grown up on incest with the full support of her family, who has serviced an 80 years old guru at the tender age of all, who was slept with her father and brother before the very eyes of her mother and sisters, who has borne the children of her father and then passed them off as her husband's off springs. This is also the story of a woman who, at 35 has risen above the opiated existence of sex, sleaze and incest only to save her daughter from the same fate that she lived through. As the bizarre case awaits its second hearing after being reopened on a year's persistence by a bounded family, JITENDRA VERMA recounts the story which details life's unholy twists and turns. Back in the Pooja room the family was ready for the ritual. Their guru's pooja hung proudly on the wall and the family was in full attendance Pragya's grand father, father, mother, brother and two sisters all without a stitch of clothing on their stark naked bodies "hey nath, tu hi ek maatra dhyey hain, hamari ekshanyen, hamari winti mein bandhak hain. . . The nude poojas, she recalls were followed by group sex in which all family members had intercourse with each other. "my grandfather had it with my mother and my brother was with my sisters and father and vice verse, "she tells you rather stoically. For your benefit her husband adds that the expressionlessness is the result of years of being doped by the family which, he explains is part of the closed religious cult known as the sahajmargi. In short sahajmargi is an atheist cult which does not believe in any kind of familial ties, "its only religion being open sex. " There are no brothers, sisters, father or mother. All human beings are same. I was told again and again. She says". . . Brainwashed with this potent logic day in and they out. Pragya and scores of other girls, including her two sister and five cousins were donated to the ashram Pragya still remember the day of initiation when she was taken to a separate room in the ashram by 30 year old abhyasani (disciple) Brij Bala. Jhakur. "she gave me some white tablets to consume and smeared my private parts with some kind of paste, "says Pragya, then she was taken to guru Ranchander's room where she was disrobed and initiated into a system which proved to be her nemeses. The Guru Sex with me and I was later told that I had been married to the great man. "says pragya. . . . "
(3.) THERE is no denial from the side to the accused applicants for making the publication of the aforesaid news item but they have given much emphasis that it was on the basis of the statement made by Smt. Pragya Mishra. The news item extracted above and also the allegations made in the complaints are prima facie libelous and defamatory. Prima facie offence is made out against the accused applicants disclosing the ingredients of the offence under Section 500 IPC. It is next urged that the aforesaid article at the most could affect the reputation of Sri Ram Chandra Ji Maharaj of Sahajahanpur or "shri Ram Chandra Mission, but it would not in any way affect to any individual in view of expalanation (2) to Section 499 IPC. In that regard it may be mentioned that the complainants are the members of Shri Ram Chandra Mission. The explanation (2) in Section 499 IPC reads as under: "explanation 2.-It may amount to defamation to make on imputation concerning a company or an association or collection of persons as such. ";