Kerala High Court Dismisses Defamation Case Filed by Banned Group Against Bharat Prakashan (Delhi) Ltd.
The Kerala High Court dismissed the criminal case brought by the PFI against Bharat Prakashan (Delhi) Ltd., stating that a defamation complaint from a banned group is invalid. The Court accepted the Petition from the editors and publishers of Bharat Prakashan to cancel the defamation case filed by the Popular Front of India (PFI) under Sections 499 and 500 of the IPC, which was based on an article from 2017. Justice P.V. Kunhikrishnan noted, “This Court reviewed the article that the petitioners published, which the first respondent claims is defamatory. These are merely some allegations against the Popular Front of India that were already public at that time. Later, the Central Government banned the Popular Front of India for the reasons stated in the banning order. Therefore, a defamation complaint from a banned organization against the petitioners cannot be upheld.”
Advocate Sasthamangalam S. Ajithkumar represented the Petitioners, while Advocate E.A. Haris represented the Respondents. The defamation case stemmed from an article that accused the PFI of being involved in incidents like the Bangalore serial blasts and the hand-chopping of Professor T.J. Joseph. The complainant argued that the article harmed the organization’s reputation. The Petitioners contended that since the PFI is a banned organization under the Unlawful Activities (Prevention) Act (UAPA), 1967, it cannot file defamation claims.
The High Court announced that the Government has labeled the PFI as a banned organization in the country. The Ministry of Home Affairs stated that the Central Government, based on the reasons outlined in a previous order, used its authority under Section 3(1) of the Unlawful Activities (Prevention) Act, 1967, to declare the Popular Front of India and its related groups, such as Rehab India Foundation, Campus Front of India, All India Imams Council, National Confederation of Human Rights Organization, National Women’s Front, Junior Front, Empower India Foundation, and Rehab Foundation, Kerala, as unlawful associations.
As a result, the Court concluded that “there cannot be defamation against a banned association due to certain publications by the petitioners.” The Court acknowledged that the term “person” in Section 11 of the IPC includes associations, whether they are registered or not, but clarified that this does not apply to organizations that have been declared unlawful and banned. Therefore, the Court stated, “While the Popular Front of India fits the definition of ‘person’ in Section 499 of the Indian Penal Code, since it is banned by the Central Government, it does not fall under Section 499 because a banned association lacks legal status. For this reason, I believe the prosecution against the petitioners should be dismissed.” Thus, the High Court granted the Petition.
Cause Title: Bharat Prakashan (Delhi) Ltd. & Ors. v. C.P. Mohammed Basheer & Anr. (Neutral Citation: 2024:KER:89286)
Appearance:
Petitioners: Advocates Sasthamangalam S. Ajithkumar and V.S.Thoshin
Respondents: Advocate E.A. Haris; PP Sangeetharaj. N.R
