J&K High Court Refuses to Quash Defamation Case Against Dainik Jagran Editor for Branding Man as Terrorist

The Jammu & Kashmir and Ladakh High Court observed that falsely branding an individual as having links with terrorists or acting as an overground worker is ex facie defamatory as it lowers their reputation in society.

Justice Sanjay Dhar held that while media houses enjoy freedom of speech, this right is subject to reasonable restrictions, including defamation laws.

The Court refused to quash proceedings against the newspaper's editor, noting the statutory presumption of responsibility for published content.

However, the court quashed the case against the owner, stating there was no evidence of his direct involvement in selecting the specific defamatory article.

[Sanjay Gupta & Anr. v. Prem Kumar]