Srinagar: The J&K High court on Monday dismissed plea of senior Peoples Democratic Party (PDP) leader, Naeem Akhtar Andrabi seeking quashing of defamation case filed by former Chief Minister, Omar Abdullah in 2010.
The court while dismissing the plea directed the parties to appear before trial court on 20 July, 2020.
In the complaint before the Trial court Srinagar, it was alleged that the petitioner (Nayeem Akhtar) and other PDP leader Nizamuddin Bhat in a press conference held 25 august, 2010 had made defamatory allegations of kickbacks in the award of Rattle Power Project by the then Chief Minister, Omar Abdullah.
While it is also alleged that petitioner had made remarks about the expenditure incurred on the construction of official residence of Omar Abdullah and is also alleged to have made a defamatory allegation against him regarding pilferage of certain priceless antiques from the State Toshakhana.
Akhtar is also alleged to have made defamatory allegations of withdrawal of secret funds by him when Omar was a chief Minister.
Advocate Jahangir Iqbal representing Nayeem Akhtar told the court there is no evidence placed on record by complainant Omar Abdullah to indicate or establish that petitioner has made any defamatory imputations.
“In absence of any evidence, worth the name available on record, has the complainant used the process of law by instituting the complaint and as a consequence whereof, the proceedings pending before the Trial Court are liable to be quashed,” the Counsel said.
It was contended by the counsel that criminal proceedings launched on complaint of Abdullah are attended with mala fide as the complaint has been filed maliciously for ulterior motives, for wreaking vengeance on the petitioner.
To this B A Dar, senior Additional advocate General (AAG) submitted that making of defamatory allegations/ imputations in a press conference in which legislators, print and media persons were present and its subsequent publication shows manifestly an effort to bring down the reputation of Omar Abdullah.
The counsel insisted that whether the petitioner was having any intention of defaming or not, is a matter which has to be gone into at the time of trial.
The court of Justice Vinod Chatterji Koul while hearing the parties recorded that in the present case, there is no denial to the fact of publication of news item in a number of newspapers of Jammu and Kashmir, containing certain imputations and it is in view of the said publication that complainant/respondent no.1 has filed a complaint under Section 499 and 500 RPC before the Trial Court.
“It is, however, contention of petitioner that he has not committed any offence as contemplated under Section 499 and 500 RPC/IPC,” the court took note of.
The court while elaborating Section 499 RPC provides that whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said to defame that person.
The court noted that the case in hand, if analysed on the hallmark of steps as laid down by the Supreme Court, does not at all persuade this Court to vouchsafe all that petitioner implores in petition hand.
“Applying the aforesaid test, the petition on hand is bereft of any merit, for, petitioner has failed to make out a case for exercise of inherent powers under Section 561-A Cr. P.C. (Section 482 of the Central Cr.P.C.) to quash the complaint or for that matter the proceedings initiated thereon by the Trial Court,” justice Koul said.
“Having said so, the petition on hand is dismissed. Interim direction, if any, shall stand vacated,” the court directed.
“Trial Court record be sent down along with a copy of this order. Parties to appear before Trial Court on 20th July 2020,” court said and directed.

NUSRAT SIDIQ