Sl.No.                                                                   F.No.14/216/03-04-PCI

Dr. Om Prakash Bhandari  and              Vs.              The Editor,
Smt. Radha Bhandari                                               ‘Surya Rath’, Hindi
Chhittorgarh,                                                             Chhittorgarh,
Rajasthan.                                                                 Rajasthan.

 

Complaint

           Dr. Om Prakash Bhandari & Smt. Radha Bhandari have filed this complaint dated 28.7.2003 against ‘Surya Rath’, Hindi newspaper of Chittorgarh for publication of an allegedly baseless, misleading, defamatory and irresponsible news item captioned “Surya Rath Vs. Bheron Singh and others” in its issue dated 9..5.2003.  The impugned report was a commentary on the attempts of the politicians to harass Surya Rath. 

          It was inter-alia alleged in the news item that the complainant Dr. Bhandari (a local leader) had taken hefty amount from Shri Ashwani Bhardwaj to ensure the defeat of Shri Udayalal Anjana, Congress President with the help of Smt. Radha Bhandari in the poll. It was also alleged that the complainant had purchased the strip of land near his house causing closure of the old street.

           The complainants vide their letter dated 20.9.2003 submitted that the allegations were baseless and the impugned news item was published deliberately with the intention to defame them and to malign their political career. They also clarified that the land had been purchased after obtaining sanction from the Municipality. The complainants submitted that a notice was issued to the respondent editor drawing his attention towards the false publication but they received no response.

          A show-cause notice was issued to the respondent editor, Surya Rath on 2.12.2003 but no reply was received.

Appearance before the Inquiry Committee

          When the matter was taken up for hearing at Delhi on 16.3.2004 there was no appearance before it. The notice of hearing sent to the respondent was received back with the postal remarks “refused”.

Recommendations of the Inquiry Committee

          On perusal of the impugned news report the Committee noted that serious allegations of taking huge amount from Shri Ashwani Bhardwaj to defeat  the Congress candidate in elections and of irregularities in purchasing land had been levelled against the complainant. The Committee, therefore, considering the seriousness of the allegations in the news report, decided to adjourn the matter to afford one more opportunity to the complainant to pursue his case.  

Appearance before the Inquiry Committee

          The matter was posted for hearing before the Inquiry Committee at New Delhi on 29.3.2005. The complainant was represented by Shri Rakesh Kumar, Advocate. Respondent who was absent sent a letter dated 28.3.2005 expressing his inability to be present before the Committee due to financial constraints.  He further stated that Shri Ashwin Bhardwaj had himself informed him that he had extended financial help to the complainant to set up a hospital.  He also requested that the Council may make inquiry to establish the truth of the report.

Submissions before the Inquiry Committee

          Learned counsel for the complainant contended that the impugned publication was meant to harm the reputation and practice of the complainants who are Doctors by profession and also workers of a political party. He submited that the report levels false, allegations of taking money from Shri Ashwani Bhardwaj to defeat the Congress candidate in election and charges irregularities in purchasing land.  The impugned reports were only an attempt at blackmailing the complainants who were respectable persons of the area.  He submitted that the respondent may be directed to tender regrets for his false charges.  The Committee noted that respondent editor had asked for 2 months time to arrange for the finance for coming to Delhi to appear before the Committee. He also suggested that the complainant may be directed to file a case in local court.

Recommendations of the Inquiry Committee

The Committee after considering the record and submissions of the learned counsel for the complainant found no cogent ground to allow time to the respondent. His request for adjournment was not acceded to by the Committee. In the opinion of the Committee the editor carried the report without establishing its authenticity and without verifying from or obtaining the version of the persons about whom these allegations were being levelled and thereby caused serious prejudice to the complainants.  He also failed to afford the complainants, at post-publication stage, an opportunity to place their version before the public.  The publication of rejoinder at this stage is, however, not possible since the editor had informed that the paper has since closed down.  Therefore, the Committee, for the above violations, decided to recommend to the Council to censure the conduct of the respondent ‘Surya Rath” Chhittorgrah, Rajasthan. It also decided to send a copy of the decision of the Council to DAVP, RNI and to the concerned Information and Public Relations Department for such action as they deem fit in the matter. It recommended to the Council accordingly.

Decision of the Council

          The Press Council, on consideration of the records of the case and report of the Inquiry Committee accepts the reasons, findings and the recommendation of the Committee and decides accordingly.