Suits founded on the tort of defamation need to be tried expeditiously. Public memory being too short, the claim for redressal for the hurt of reputation merits speedier consideration. Karnataka High Court.

H.D.Devegowda vs M/s. Nandi Infrastructure Corridor Enterprise Limited. Writ Petition 725/2021 decided on 15 January 2021.

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/358443/1/WP725-21-15-01-2021.pdf

Relevant paragraphs: 2 (c) ….The opinion of the learned judge that the petitioner has been dragging on the suit proceeding is formed on the  basis  of what has been reflected in the Order Sheet; there is no reason to doubt the same; in matters like this, a Writ court cannot run a race of opinions with learned judges of the  Courts  below.

2(d) The suits founded on the tort of defamation need to be tried as expeditiously as possible; reputation, be  it  personal or occupational, for any person is sacrosanct; the Apex Court has ruled that, the right to reputation is a facet of Article 21 of the Constitution of India; the public memory being too short to be little, the claim for redressal for the hurt of reputation merits speedier consideration and ideally speaking, before the public memory fades; in defamation  suits, award of damages in terms of money hardly constitutes  a full recompense for the injury suffered; delayed justice makes it still worse; this is an added reason for the speedy  trial of such suits; they cannot be allowed to be dragged on indefinitely; this inarticulate premise having animated the decision of the learned trial judge, impugned order is not vulnerable for challenge.

(e) The impugned order cannot be faltered for yet another reason too; learned judge of the Court below having exercised his discretion in accordance with rules of reason & justice, has made the impugned order the kind of which does not merit a deeper examination at the hands of a Writ Court exercising a limited supervisory jurisdiction constitutionally vested in it by Article 227, vide SADHANA LODH Vs. NATIONAL INSURANCE CO. LTD., & ANOTHER, (2003) 3 SCC 524.

In the above circumstances, this writ petition being devoid of merits, is liable to be rejected in limine and accordingly, it is.

Compiled by S. Basavaraj, Advocate, Daksha Legal.