New Delhi, Dec 19 : A Delhi court has set aside a magisterial court's order refusing to summon two Mizoram newspapers to stand trial in a defamation case, saying even non-human entities, recognized by law as juristic persons, can be tried for the offence.
While setting aside the magisterial court order, which had turned down a woman's plea to try them for allegedly carrying defamatory articles against her husband resulting in his illness and subsequent death, Additional Sessions Judge Rajeev Bansal directed magisterial court to summon Mizo journals 'The Aizawl Post’ and ‘Zozam Weekly’ to try them.
"Even a company/juristic person (non-human entity given the status of person by law) can be prosecuted, as the punishment prescribed for the offence, is not only imprisonment, but also fine," the court said, summoning the two Mizo journals.
"A perusal of the Impugned Order (of the magisterial court) shows that the trial court refused to summon respondents No 1 & 6 (the two newspapers), only on the ground that they are juristic persons. The view taken by the trial court cannot be countenanced in law," said the sessions judge, setting aside the magisterial court order.
The court was hearing the plea of Aizawl native Lalthlamuani, a resident of South Delhi, who had, in her complaint, accused the two newspapers of publishing defamatory articles against her husband Lalchhanhima Sailo, which allegedly tarnished his reputation, causing illness and his death.
The trial court, however, in December 2009 refused to proceed with the complaint saying both the newspapers cannot be summoned as they are not legal entity in the eyes of law.
The ASJ set aside the trial court order and has directed it to proceed with the matter keeping in mind that juristic person can also be summoned for having committed offence of defamation.
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