Srinagar, Apr 12: The High Court of Jammu & Kashmir and Ladakh quashed a defamation case filed by former minister and senior PDP leader Naeem Akhtar against senior BJP leader Sheikh Khalid Jahangir.
The court of Justice Javed Iqbal Wani held that the complaint filed by former R&B minister, Naeem Akhtar does not constitute the offence of defamation against Khalid Jahangir.
Justice Wani while quashing the complaint as well as order passed by Chief Judicial Magistrate, Srinagar on November 16, 2018 summoning Jahangir held that the offence under Section 499 (defamation) is not made out.
According to the plea BJP leader who was Vice-Chairman on the Board of Directors of J&K Project Construction Corporation (JKPCC in 2018 had shot a letter to the Governor alleging favoritism and violation of rules in allotment of prestigious projects by the then Works Minister Naeem Akthar and had sought a fact finding committee to investigate the matter.
Following the allegations, Akthar had filed defamation suit against Khalid Jahangir alleging that the accused with the malicious intent to tarnish the image and the reputation of the complainant wrote the letter to the Governor of J&K leveling baseless allegations of corruption and favoritism.
Justice Iqbal underscored that the accused in the capacity as Senior Office Bearer of a Public Sector Corporation has reported alleged allotment of various construction contracts by the Works Minister claimed by the complainant to be referring to him, without tenders or following the codal procedures in violation of Rules and Regulations requesting the then Governor to constitute a Fact Finding Committee in the matter.
“As otherwise also every citizen has a right to comment on those acts of public men which concerns him as a citizen of the Country, if he does not make his commentary a cloak for Malice and Slander,” the court said.
Justice Wani pointed out that the letter addressed to the former Governor resulted in issuance of a government order on November 28, 2018 whereby sanction came to be accorded to the Constitution of Fact Finding Committee comprising of Senior Officers of the government for looking into the matters/acts of alleged omission and commission pointed out by the accused.
Quashing the defamation case against the BJP leader, the court noted that it is apparent that the Magistrate has exhibited lack of application of mind to the material on record and instead seemingly has approached very lightly and in a mechanical manner in the matter while passing the impugned order.
“Having held the impugned complaint and material on record not constituting the offence of defamation against the petitioner (Jahangir), the impugned order dated 16-11-2018 passed by the Magistrate needs as well to be looked into,” Justice Wani said.
