STATE OF MAHARASHTRA versus DR. R. B. CHOWDHARY & 2 ORS.

STATE OF MAHARASHTRA versus DR. R. B. CHOWDHARY & 2 ORS.

Only the individual declared as editor (whose name appears in the declaration and newspaper) is presumed responsible for the selection and publication of material; the presumption of liability does not extend to other Editorial Board members who are not so named.

Source-derived case information.

Parties
Appellant: State of Maharashtra; Respondent: Dr. R. B. Chowdhary; Respondent: Sudhakar Gopal Madane; Respondent: Unnamed Respondent 3
Jurisdiction
India
Judgment Date
19 April 1967
Procedural Posture
Criminal Appeal / Appeal by Special Leave From High Court Order in Revision
Outcome
Appeal dismissed; discharge of respondents affirmed.
Legal Topics
Defamation, Liability of Editorial Board, Presumption of Editor Responsibility
Criminal Law Media Law Defamation Liability of Editorial Board Presumption of Editor Responsibility

Source-derived case record

Summary, issues, holding and outcome

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Parties

State of Maharashtra

Appellant

Dr. R. B. Chowdhary

Respondent

Sudhakar Gopal Madane

Respondent

Unnamed Respondent 3

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From High Court Order in Revision

Legal Issues

  1. 1 Whether members of the Editorial Board (other than the named editor) can be prosecuted for a defamatory article published in a newspaper under S. 500 IPC
  2. 2 Whether presumption under Section 7 of the Press and Registration of Books Act, 1867 applies to members of the Editorial Board

Ratio Decidendi

Only the individual declared as editor (whose name appears in the declaration and newspaper) is presumed responsible for the selection and publication of material; the presumption of liability does not extend to other Editorial Board members who are not so named.

Court Disposition

Appeal dismissed; discharge of respondents affirmed.

Orders

  • Respondents (other than Sudhakar Gopal Madane) are rightly discharged; no presumption or evidence of their editorial liability.