Supreme Court of India · 2017-12-04
Mohammed Abdulla Khan vs Prakash K.
- Citation / case number
- AIR 2017 SUPREME COURT 5608
- Court
- Supreme Court of India
- Petitioner
- Mohammed Abdulla Khan
- Respondent
- Prakash K.
- Author
- J. Chelameswar
- Bench
- S. Abdul Nazeer, J. Chelameswar
Judgment text excerpt
The Supreme Court held that the High Court erred in quashing the criminal proceedings against the owner of a newspaper under Sections 500, 501, and 502 of the Indian Penal Code, 1860, based on the argument of vicarious liability. The Court emphasized that the principles established in K.M. Mathew v. K.A. Abraham, (2002) 6 SCC 670, regarding liability of editors do not absolve the owner from responsibility for defamatory content published in their newspaper. The Court reinstated the proceedings against the owner, asserting that the High Court's dismissal lacked sufficient reasoning and could lead to a miscarriage of justice.