Moot Problem 20
Smt. Surekha Chandramohan Mane (Appellant)
Vs.
Editor, Janlok Newspaper Private Ltd. (Respondent)
Janlok Newspaper Private Ltd. is a Publishing House having its registered
office at Pune and several branches established all over Maharashtra. Janlok is
in the publishing business for last 25 years. It publishes daily Marathi
newspaper “Jan Jagruti” and English newspaper “Time Ahead” having wide
circulation in Maharashtra. Both the newspapers have special Sunday Edition.
On 27th January, 2013 the special Sunday edition of “Time Ahead” ran a
front page story titled -'Charted Accountant feared to have absconded with
clients' money'. It also gave details of individuals without revealing their
identity as to how they became victim of the fraud practices of the Charted
Accountant. Over the year she has taken huge amount of money under the
pretext of investing it in various Government Schemes through an agent for Tax
Exemption but never did so. Next to the story there was a photograph of the
front of an office bearing the name 'Mane and Mane Company Ltd'. The
publishing house published the story based on information given by a caller at
its hotline but it did not verify the facts. Later it found that it had made a
mistake and immediately published an apology on 28th January. 2013.
The sole proprietor of the firm Smt. Surekha Chandramohan Mane was
pregnant and was hospitalized for routine checkup with complain of high blood
pressure, swollen feet and breathlessness with slight exertion. Due to late
pregnancy it was very precious and Smt. Mane and her doctors never wanted to
take a risk.
On reading the newspaper story in the hospital Mrs. Mane underwent
mental shock and trauma and was depressed. Her relatives and friends either
called her on her mobile or visited her in the hospital and expressed sympathy
for her. Her office staff was also shocked to learn the news and was
continuously under pressure as the clients flooded the office enquiring about
Mrs. Mane and the published news. They kept on assuring the clients that the
story was not true and Mrs. Mane has not absconded but is hospitalized.
Mrs. Mane was unable to cope with the situation and felt mentally
emotionally shattered. Several other complications arose while she was in the
hospital which led to a pre-term delivery. The doctors in spite of their efforts
could not save the child.
She filed a civil suit against the Editor, Janlok Newspaper Private Ltd. for
defamation of her character. She further claimed rupees 25 lakhs as damages for
the loss of reputation and for suffering mental pain and agony and overall losing
her precious child.
The lower-court passed an order against her stating that the conduct of the
respondent post incident is very relevant indeciding the matters relating to
defamation. In the present case the respondent immediately tendered an apology
after realizing their mistake. Further, it is not defamation to convey a caution,
intended for the public good and the news was published to caution the public at
large. Besides conclusive inference cannot be drawn that the pre-term delivery
was the result of the news about the applicant. Aggrieved by the decision of the
lower court, Mrs. Mane filed an appeal in the High Court of Bombay, Mumbai.
Following issues came up before the court for consideration.
• Whether the news published was in good faith and was with an
intention to caution the public at large.
• Tendering an apology by the publishing house after realizing their
mistake absolves the respondent of their liability.
• Even after tendering the apology there is a harm caused to the
reputation of Mrs. Mane and hence Janlok Newspaper Private Ltd.
is liable for paying damages to her for defamation of her character
in public relations and loss of reputation.