Kerala Court Acquits Congress MP Rajmohan Unnithan In Defamation Case Filed By KP Sasikala Citing Lack Of Evidence

The case arose from a complaint which claimed that defamatory statements were made against K P Sasikala, during a televised debate program titled “Counter Point” aired on Manorama News, a Malayalam News Channel on 2-10-2017.

It was alleged that Unnithan referred to the complainant as a “poisonous creature” and falsely stated that her speech led to the killing of a child in Kasargod. It was further alleged that the anchor of the media organisation broadcasted the defamatory content to the public, thereby causing reputational harm and mental distress.

The Court had taken cognizance against Unnithan under Section 499 (Defamation) and Section 500 (Punishment for defamation) of IPC.

It examined the anchor of the program in question as a material witness. However, he did not confirm the specific defamatory content alleged by the complainant. He acknowledged hosting the debate and participation of the accused but expressed inability to recall whether any such remarks were made.

The Court observed that the documentary evidence relied upon by the complainant consisted solely of legal notices sent to the accused and these documents reflected the complainant's grievance and her assertion of reputational harm. However, they do not constitute primary evidence of the alleged defamatory statements, it said.

It further noted that there was no certified video recording, transcript, or broadcast log produced to establish the actual content of the program or the context in which the statements were made.

“In absence of such material, the court is left with uncorroborated oral testimony and subjective claims of injury. In a prosecution for criminal defamation, especially under Section 500 IPC, the burden lies on the complainant to prove not only that the statements were made and published, but also that they were false, malicious, and capable of lowering her reputation in the eyes of reasonable members of society. The failure to produce direct evidence of publication or independent corroboration renders the case speculative and insufficient to sustain a conviction.” the Court observed.

The Court noted that even though the complainant took steps to summon the anchor of the televised program “Counter Point”, as a material witness, it was limited to securing his oral testimony, without invoking his custodial role over broadcast material.

“No specific direction was issued to produce any documentary evidence, nor was there any explicit call for the video recording or transcript of the program in which the alleged defamatory statements were made.” the court noted.

The Court further noted that in defamation through mass media, the video recording or transcript of the broadcast constitutes the primary evidence and in the present case, the complainant failed to pursue any remedies such as filing an application under section 91 of CrPC for production of documents or seeking certification from Ministry of Information & Broadcasting or NBSA and taking any steps for examining technical staff or custodians of records from the media house.

“In the absence of such steps, the court is left with oral testimony and legal notices, which, though indicative of grievance, do not meet the threshold of proof beyond reasonable doubt required for conviction under Section 500 IPC.” the court observed.

The court noted that failure to seek production of such material from concerned News Channel represents a fatal omission on the part of the complainant.

The Court thus noted that the procedural lapse undermined the case and the mere oral assertion of defamatory utterance, unsupported by broadcast records or neutral testimony does not attract criminal liability under Section 500 of IPC.

Thus, the Court found the accused, Rajmoham Unnithan not guilty for defamation.

Case Title: K P Sasikala v Rajmoham Unnithan

Case No: CC 2227/ 2017