NEW DELHI, April 10: The Supreme Court has held that reports published by a newspaper in respect of public conduct of ministers cannot be assailed as being defamatory. The ruling came on a criminal appeal by the Daily Lokmat newspaper, against summons issued by the Chief Judicial Magistrate, Nanded in Maharashtra on a complaint by Mohanrao Kapsikar in a defamation case.The case relates to an action sought by Kapsikar alleging that the Daily Lokmat had defamed him by publishing the statement of a minister made in the Assembly naming him as one of the five responsible for misappropriation of funds according to a preliminary inquiry.The SC held that it was a report in respect of conduct of public servants who were entrusted with funds intended to be used for the welfare of the people.The high court had held that the CJM had thought it fit to issue summons against the accused as he had found prima facie case against them.A Division Bench of the apex court comprising Justice G T Nanavathi and Justice V NKhare said it was ``quite apparent that what the accused had published in his newspaper was an accurate and true report of the proceedings of the Assembly.''The judges said the involvement of the respondent Kapsikar had been disclosed by the preliminary inquiry made by the government.``If the accused (newspaper) bona fide believing the version of the Minister to be true, published the report in good faith it cannot be said that they intended to harm the reputation of the complainant'', the judges observed.``Thus the facts and circumstances of the case disclose that the news item was published in public good. But all these facts have been overlooked by the high court'', the judges said while allowing the appeal of the editor of the Lokmat.
