The Kerala High Court has observed that criminal courts need to be careful while taking cognizance of an offence and issuing summons to an accused as criminal proceedings are often being resorted to as a weapon of harassment or retaliation.
Justice Sophy Thomas made the observation recently while setting aside the summons issued by the Judicial First Class Magistrate Court-I, Karunagapally, to a YouTube channel journalist on a defamation complaint.
“Taking cognizance and issuing summons to an accused person in a criminal case is a serious matter affecting his dignity, self respect and image in the society. So, criminal courts have to be careful while taking cognizance and issuing summons to an accused, as we often see criminal proceedings are being resorted to as a weapon of harassment or retaliation,” the court observed
The court further observed that the magistrate ought to have verified whether the YouTube video uploaded by the petitioner contained any defamatory imputations against the complainant, or it affected the reputation of the complainant in any manner, after analysing the statement given by the complainant and his witnesses. Since no sufficient indication was there in the order issuing summons to the accused to show that the Magistrate was satisfied that the allegations in the complaint constituted an offence, when considered along with the statements recorded, “it cannot be said that the Magistrate applied his mind before issuing the summons to the accused”.
