High Court Quashes Akun Sabharwal's Complaint in Smita Issue

Hyderabad: The Hyderabad High Court on Thursday quashed the criminal case filed by IPS officer Akun Sabharwal against Outlook magazine and its scribes for publishing a defamatory article on his IAS wife Smita Sabharwal.Finding no legal base for the case, Justice B Siva Sankara Rao said it was a sheer abuse of legal process by the senior police officer who filed a complaint with the police taking exception to an article in the magazine that made derogatory comments about his wife, IAS officer Smita Sabharwal.

The magazine filed a petition to quash the case. The judge allowed the petition making it clear that the aggrieved party, the woman officer, could always take recourse under law and that Akun was not the aggrieved party.

The judge also noted in his order the fact that Smita herself launched separate legal proceedings against the scribes and they had even apologised to her. If she wants to proceed with further action, she can, the judge said. Akun stated in the complaint that he was aggrieved by the defamatory article written against his wife and a caricature that appeared in the magazine describing her in an inappropriate manner. He contended that it amounted to outraging her modesty.

Citing the case of film actor Khusboo whose remarks on pre-marital sex kicked up a huge row in Tamil Nadu, the judge said the Supreme Court quashed all criminal cases filed against the actor. The Supreme Court opined, "If the complainants vehemently disagreed with Khusboo's views, then they should have contested her views through the news media or any other public platform. The law should not be used in a manner that will have chilling effect on the freedom of speech and expression."

Justice Siva Sankara Rao said the court had to assess from the changing conditions of the society to arrive at a conclusion whether the article was obscene or not.

In a separate move, the Telangana government got a defamation case filed against the Outlook scribes and publishers in the metropolitan sessions judge court last week under section 199 (2) of the CrPC which allows the state to file such cases through its public prosecutor. According to this section, when a public servant is defamed, the aggrieved party need not go to court. The state can file a defamation case seeking prosecution of the accused. The government has appointed senior counsel Uma Maheswara Rao as public prosecutor for this case.