Sl. No.                                                         F.No.14/678/02-03-PCI

Dr. Narendra Kumar Singh Gaur, 
M.L.A., U.P. Assembly, 
Allahabad.                                                                     

Vs

The Editor,
Amar Ujala,
Allahabad.

Complaint

          This complaint dated 12.01.2003 has been filed by Dr. Narendra Kumar Singh Gaur, M.L.A. and ex-Minister, U.P. Government, Allahabad against Dainik Amar Ujala, Allahabad for publication of a series of allegedly fabricated, false and baseless news items against him and his family members, thereby damaging their clean image in the eye of the society. The captions of the said news items read as follows:
 

The complainant alleged that his political rival Shri Anugrah Narayan Singh, who was continuously defeated in elections, had called a Press Conference and

levelled personal allegations against him and his family members. The respondent newspaper made stories on the basis of the said press conference and started publishing the news items intentionally maligning him and tarnishing his image, dragging his name in a land scam.

Written statement

          Initially, comments of the respondent Amar Ujala were invited on 23.4.2003. When there was no reply, a show cause notice was issued on 13.8.2003.

          The respondent-editor, Amar Ujala in his undated written statement (received in the Council on 5.12.2003) submitted that the impugned news items were published to highlight the facts before the public and not to malign or assassinate anybody’s character. According to him in the news item dated 22.10.2002, the statement of Shri Anugrah Singh former M.L.A. from Allahabad North, given at a Press Conference had been published. According to him, the Media-in-charge of the complainant termed it as politically motivated and the paper prominently published the same alongside in the report dated 22.10.2002. He submitted that this makes it clear that the disseminated and published news items were true and in accordance with ethics of journalism.

          The respondent in subsequent reply dated 8.12.2003 informed the Council that FIR u/Sections 420/467/468/471/120-B and Sections 2/3 of Public Properties Damage Redress, Act 1984 of this case has been registered in Police Station Shivkuti, Allahabad by the Excise Inspector Tehsil-Sector, Allahabad.  The respondent further averred that instead of sending a rejoinder on merits, the complaintant, vide his letter of 10.1.03 had only leveled allegations against them.

Copies of the written statement were forwarded to the complainant for his counter on 9.1.2004.

Counter Comments

          The complainant in his counter comments dated 10.2.2004, while terming the submissions of the respondent as wrong and misleading, reiterated that the impugned news items were published, basing the same on the so-called statement of Shri Anugrah Narayan Singh. According to him, other than Amar Ujala, no other newspaper published such news items. He submitted that it is for the courts to decide legality of any document and no newspaper is expected to play the role of an advocate or a law court. He alleged that as per a well-planned conspiracy, the respondent Amar Ujala published the impugned news-items to tarnish his and his family members’ image. According to him, the respondent has adopted a malafide and biased attitude towards him and for this reason it is not publishing any news item related to him.

          A copy of the counter comments was forwarded to the respondent on 1.3.2004.

Further counter

          The complainant vide his communication dated 28.6.2004 submitted that actuated by malice and on account of ill-motives, the respondent Amar Ujala was not publishing the major programmes held by him in Allahabad. According to him, all other newspapers were prominently publishing the events with his photographs but the respondent newspaper had blacked-out all news pertaining to him (complainant) in contravention of healthy and impartial journalism.

          A copy of the further counter was forwarded to the respondent on 26.7.2004.

Appearance before the Inquiry Committee

          The matter was taken up for hearing by the Inquiry Committee at New Delhi on 29.3.2005. Shri A.K. Srivastava, Advocate appeared for the complainant while Shri Sunil Kumar Awasthi represented the respondent, Amar Ujala.

          The complainant Dr. Narendra Kumar Singh Gaur filed his written argument before the Committee. It was submitted that the respondent published several defamatory false news against the complainant and his wife Smt. Arvind Singh Gaur. The news item, which was published on 22.10.2002, 01.1.2003, 2.1.2003, 3.1.2003 and 5.1.2003, appeared to be malafide because it was published almost daily narrating a story against the image of applicant and his family. The defence has been taken by the newspaper that the news had been published on the basis of press conference taken by Shri Anugrah Narain Singh who was four times defeated by complainant in the Assembly election from City North Allahabad. Even assuming that the news was published on the basis of press conference of Shri Anugrah Narain Singh because it was made on 21.10.2002 but on the other dates i.e. on 1.1.2003, 2.1.2003, 3.1.2003 and 5.1.2003 there was no press conference.

          In the press conference the total area of land purchased and sold has been mentioned as 1,209 hectare worth Rs. 1.5 crore but applicant’s wife had  purchased a piece of land only 300 sq yards for Rs. 15,700/- in the year 1986 and sold the same for Rs. one lakh in 1995. Therefore all these facts were wrongly mentioned in the newspaper deliberately.

          It was further submitted that under the Lokayukt Act every enquiry should be held in camera and the identity of the complainant or the public servant cannot be disclosed. The newspaper without taking or obtaining any permission from the Lokayukt published the proceedings pending before the Lokayukt, which is against the morals of reporting and was liable to be condemned. He added that the newspaper did not publish the news sent by him dated 17.12.2003, 25.1.2004, 30.1.2004, 2.2.2004 and 7.2.2004 although all these news items were of general importance and related to the complainant. 

          The representative of the complainant reiterated the written arguments. He added that Amar Ujala was not cooperating with the complainant and was neither attending his press conferences nor was publishing any news about the complainant. He admitted that the investigation was going on in the FIR from the Revenue Department.

          The representative of the respondent contended that the complainant had sold the land unauthorisedly. The land belongs to the government. An FIR was filed on the directions of the District Magistrate on 21.12.2000 on the basis of FIR filed against the complainant. He added that the news was published on the basis of the press conference of Shri Anugrah Narain Singh. The version of the complainant was also published alongside. He, however, submitted that they had no intent to defame the complainant.

Recommendations of the Inquiry Committee

          After hearing the representatives of both the parties and considering the record, the Committee was satisfied that even if all the facts may not have been correct there was no malafide behind publication of the impugned news reports. The respondent had some material in its possession at the time of the publication of the report and it was not without substance. Secondly, the complainant’s stand that the allegations against him were politically motivated had also been published.  The rest was for the readers to judge.  The Committee, thus, recommended to the Council to dismiss the complaint.  

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.