Crl.Pet. 933/2016
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1 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Criminal Petition No.933/16 and 941/16 Criminal Petition No.933/16 Mehboob Mukter Son of Late Giasuddin Mukter Resident of Village-Moirabari, PO & PS-Moirabari, District-Morigaon(Assam) Pin-782126 ............Petitioner 1. State of Assam 2. Md. Abul Hussain Son of late Abdul Khalek Village –Tatikata Pather PO & PS- Moirabari, Pin-782126 ………… Respondents Criminal Petition No.941/16 1. Nitya Borah, Editor, Asomiya Pratidin MRD Road, Chandmari,Guwahati, District- Kamrup (M)Assam, Pin-781003 Resident of House No.25, Bye Lane No.5, Gandhibasti, PO-Silpukhuri,Guwahati, District- Kamrup (M)Assam, Pin-781003 2. Jatin Choudhuary, Publisher Asomiya Pratidin MRD Road, Chandmari,Guwahati, District- Kamrup (M)Assam, Pin-781003 Resident of House No.2, Dakhin Gaon Tiniali, 2 PO-Kahilipara, Guwahati, District- Kamrup (M), Assam, Pin-781019. .....Petitioners 1. State of Assam 2. Md. Abul Hussain Son of late Abdul Khalek Village –Tatikata Pather PO & PS- Moirabari, Pin-782126 ………… Respondents BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN For the Petitioner(s) : Mr. M K Hussain,Advocate in both the petitions For the respondent No.1 : Ms. S.Jahan,Addl.P.P.Assam, For respondent no.2 : Mr. A.I.Uddin, Advocate Date of hearing : 25.5.2017 Date of judgment : 12.06.2017 JUDGMENT & ORDER (CAV) All above petitioners have challenged the same criminal proceeding pertaining to CR Case No. 561/16 U/S 501/502/120 IPC pending before the learned JMFC, Morigaon by way of filing the present petitions U/S 482 CrPC and prayed for quashing the aforesaid proceedings. As such both the petitions are taken up together for disposal by way of this common order. 2. The petitioner namely Mehboob Mukter is the local correspondent of the Assamese vernacular newspaper namely, Asomiya Protidin and other petitioners Nitya Bora and Jajtin Choudhury are Editor and publisher of the said newspaper. The respondent Md. Abul Hussain lodged a complaint on 21.7.2016 before the learned CJM, 3 Morigaon bringing allegation of defamation against the petitioners for publication of the news item in the said newspaper, Asomia Pratidin dated 6.7.2016. It was alleged in the complaint petition that his settlement has been stopped due to publication of news item in the newspaper which is not based on records. 3. According to the petitioners, on the basis of a WT Message dated 5.7.2016 communicated by the Chief Executive Officer,(CEO), Morigaon Zila Parishad the opposite party / complainant was not allowed to take over the possession of the Moirabari bi-weekly market. On the basis of materials available on record and the WT message dated 5.7.2016 the local correspondent/petitioner Mehboob Mukter prepared a news item in the evening of 5.7.16 and forwarded the same for publication and accordingly the news item was published on 6.7.2016. Thereafter the opposite party lodged the complaint with the allegation that due to publication of the news item his settlement has been stopped by the authority. The petitioners state that the CEO, Morigaon Zila Parishad vide order dated 2.7.2016 offered the settlement of Moirabari bi-weekly market to opposite party and accordingly he was asked to complete the formalities for taking over the possession of the market. Lateron Circle Officer, Laharighat Revenue Circle communicated a Whatsapp message on 4.7.16 to the CEO, Morigaon Zila Parishad intimating that the land valuation certificate has been issued wrongly by the Laharighat revenue circle in favour of the person who stood as guarantor of Babul Hussain. Thereafter the CEO, Morigaon Zila Parishad communicated a WT Meesage on 5.7.16 intimating all concerned that the settlement process of Moirabari bi-weekly market has been kept in abeyance. The petitioners further submit that the complaint lodged by the opposite party that his settlement has been stopped due to the publication of the news items is not based on records as because settlement was stopped on 5.6.16 and the news item was published on 6.7.16. Therefore, the publication of the news could not influence the authority in the settlement process as alleged in the complaint petition. It is the contention of the petitioner that the news item was published basing on materials on record and on the basis of WT Message dated 5.7.16 and therefore no criminal liability can be attributed to the accused petitioners and the above criminal proceeding is liable to be quashed. 4. Thus it is the case of the petitioners that they have published the news item on the basis of the WT Message dated 5.7.16 vide Annexure-(D & I in the respective) petitions and the documents on records. The petitioner Mehboob Mukter in his petition 4 has annexed certain documents like NIT issued by office of the Moirabari Anchalik Panchayat for settlement of market/ghats and fishery under Moirabari Anchalik Panchayat for the financial year 2016-17 (vide Annexure-D),. Though the opposite party required to submit land document for the current year 2016 but the opposite party has submitted documents pertaining to the year 2015 like land revenue clearance certificate (vide annexure-E), NOC of the land (Annexure-F),and land valuation certificate (Annexure-G). It is stated that the surety of the opposite party namely, Md. Faizur Rahman has shown himself to be owner of 19 Bighas of land whereas he is owner of 11 Bighas 11 Lechas of land vide Annexure-H Jamabandi copy. 5. For proper appreciation of the matter, let us first examine the WT Message dated 5.7.16 which was sent by CEO Zilla Parishad Morigaon addressed to BDO-cum- Moirbari AP and the relevant portion is reproduced below: “............Ref this office letter no.............dated 2.7.16 regarding settlement of Moirabari bi-weekly bazaar for the year 2016-17 with effect from 1.7.2016 in favur of Abul Hussain,..... the Circle Officer, Lahorighat has informed over Whatsapp message that the land valuation certificate has been wrongly issued by Laharighat Revenue Circle in favour of the persons who stood as a guarantor of Abul Hussain and a formal report in this regard being submitted by him to the matter and pending such report by him regarding the said land valuation certificate, he has requested to treat the matter of settlement of Moirabari bi- weekly bazaar in abeyance. In view of above, the offer of settlement in favour of Abul Hussain for Moirabari bi-weekly market vide letter under reference is hereby suspended until further instruction. As such you are hereby instructed to run the said market departmentally until further instruction. .................” 6. The aforesaid news publication was made on 6.7.2016 referring to the said WT message and thereafter a complaint was lodged by the opposite party with the allegation that the petitioners herein have published the false and fabricated news that the land documents of the guarantor submitted by the complainant are false and after publication of said false, fabricated news, Zila Parishad kept abeyance of his settlement order and created doubt regarding land document of guarantor submitted by the 5 complainant along with the tender papers. Moreover, after publication of the said news the general public as well as other people known to him treated him as a cheater and his dignity has been lowered in the public esteem. 5. Now let us reproduced the news item that was published on 6.7.16, which read as follows: “MARKET SETTLED WITH TENDERER WHO SUBMITTED FALSE DOCUMENTS:REACTION AT MOIRABARI Pratidin Special Correspondent, Moirabari, 5th Juy: Dominance of Dr. NazrulIslam, MLA, Laharighat LAC is continuing in Morigaon Zilla Parishad. Due to dominance of Dr. Nazrul Islam, Moirabari Bi-Weekly Market has been settled with tenderer who submitted false documents which creates huge reaction. As per allegation, Moirabari Bi-Weekly Market has been settled by the Zilla Parishad with tenderer namely Abul Hussain with monthly bid value submission of false documents with the tender papers. The tenderer is required to submit encumbrance free certificate of the current year but he submitted the same of previous year. Excluding this, the Circle Office issued land valuation certificate in favour of Faizur for 11 Bigha land under Hugoltoli kisam covering Dag No.36 and Patta No.58 amounting to Rs.16,46,666/-. After submission of complaint in this regard, the authority assured that the tender of Abul Hussain will be cancelled but the tenderer is a relative of Dr. Nazrul Islam and as such, how the Chairman of Zila Parishad namely Shyam Das settled the market with tenderer who submitted false documents, the conscious people are demanding a judicial enquiry: 6. It is evident that the same news was prepared by the special correspondent i.e.by Mehboob Mukter. After careful examination of WT Message as well as the news report it reflects that in the aforesaid message the CEO never indicated about falsity of document furnished by the opposite party as a tenderer and all that have been conveyed that the land valuation certificate has been wrongly issued by the Laharighat Revenue Circle and in that case it is the authority liable who issued wrong certificate. By the said WT Message the CEO has however directed for kept abeyance of the settlement issued in favour of respondent no.2. 6 7. Of course, one part of allegation of the respondent no.2 that his settlement has been kept abeyance only after publication of notice is of no consequence as it was already directed to be stayed in the Message itself.