HC dismisses plea seeking transfer of defamation complaint

Srinagar, Feb 14: The High Court of Jammu & Kashmir and Ladakh held that the accused cannot be allowed to have a place of his choice to be prosecuted in a case of defamation taking refuge of “unfounded” personal security.
Dismissing a plea of social activist, Professor SK Bhalla seeking transfer of defamation complaint from Doda to Jammu court, Justice M.A Chowdhary said that petitioner as accused before the trial court can have resort to seek exemption from personal appearance in case of any personal difficulty, however, “no justifiable or reasonable ground is made out for transfer of the complaint.”
In August 2020, a complaint was filed against Bhalla by a Doda based journalist, Haq Nawaz Nehru, before the trial Court over a social media post regarding “Two Fake RTI Activists of Doda” which Bhalla alleged uncovers “evil misdemeanours” of complainant.
Bhalla sought transfer of complaint from the court of Chief Judicial Magistrate, Doda to Jammu court on the ground that he has his security and safety concerns asbhe apprehends danger to his life in terms of litigation voiced against the land and liquor mafias, land encroachers, politicians as well as other corrupt bureaucrats who are involved in those cases/PILs.
On the other hand, the counsel representing the complainant opposed transfer of the petition on the ground that the petitioner had served as Principal, Government Degree College Doda, for almost two years and he has no security concern at Doda.
He further contended that the petitioner had appeared before the trial Court on April 15, 2022 where he had executed undertaking to appear on each and every date of hearing.
The court underscored that the threat perception was not evaluated by any security agency and he had not even complained to any authority to seek security.
Justice Chowdhary noted that the petitioner is to only travel from Jammu to Doda as an individual, whereas the complainant who is suffering from different ailments in his advance stage is Doda based and his witnesses are also from Doda.
Therefore, the court said that complainant shall face more difficulty, physically as well as financially, to prosecute his complaint at Jammu, as compared to petitioner to defend himself at Doda.
“The petitioner/accused, in the considered opinion of this court, cannot be allowed to have a place of his choice to be prosecuted in a case of defamation, taking refuge of unfounded personal security,” the court said.
Declining to transfer the complaint, the court said the transfer petition fails on two counts, the apprehension of security as well as on the question of comparative convenience of the parties.