Cong’s Mishra jailed for 2 yrs for defaming CM

Bhopal: In a setback to Congress, party chief spokesperson K K Mishra was on Friday sentenced to two years’ imprisonment and fined Rs 25,000 for making derogatory remarks against chief minister Shivraj Singh Chouhan and his wife in connection with the Vyapam scam. The court felt it amounted to damaging the CM’s reputation among people.

This is perhaps the first defamation conviction under section 199 CrPC, say sources in the government. Mishra applied for and was granted bail. Mobbed by reporters outside the court, he replied with a Bollywood song: “Hamse kya bhool hui jo yeh saja hamko mili....”

Advocate Jagdish Dubey, who appeared on behalf of the CM as special prosecutor, said it was not out of malice that the libel suit was filed. “We wanted to spread a message that anyone holding a responsible position should act responsibly and not indulge in cheap politics aimed at character assassination,” he said.

On June 21, 2014, Mishra held a press conference where he alleged that 19 persons selected as transport constables through Vyapam in 2012 belonged to Gondiya, the hometown of the CM. He also levelled allegations at close family members if the CM.

The state government invoked powers under section 199 Cr PC — for the first time ever — and filed a defamation suit against Mishra. Such cases are normally heard in the court of magistrates but since it was filed under section 199 (2) CrPC, it was tried in a sessions court.

Additional district & sessions judge Kashinath Singh had reserved judgment in the case. In the post-lunch session on Friday, Mishra was called and the judge pronounced him guilty. He stepped back into his chamber, and returned after a while to read out the sentence. The penalty of Rs 25,000 would be given to the CM as compensation, the judge said. In his 110-page judgement, Singh said that freedom of speech ceased to be a fundamental right when it infringes upon another fundamental right of an individual — right to safeguard his reputation against any ill-intended attempt to damage it.

Mishra’s counsel Ajay Gupta argued that it was not necessary to deposit the fine since they will challenge it in a higher court. The judge, however, insisted that Rs 25,000 should be deposited before bail was granted. “Show me the law that says fine would also not be realised till disposal of the case by the appellate court,” he told Gupta. After a while, Rs 25,000 was deposited and Mishra was granted bail on a bond of Rs 50,000.

As Mishra and Gupta walked out of the court building, he was mobbed by mediapersons. In response, Mishra started singing ‘Humse kya bhool hui...” He later said he respects the court verdict but his “fight against corruption will continue”.

Congress put up a brave face. “We respect the court’s order but Congress will continue to fight against Vyapam irregularities to expose the culprits,” Leader of Opposition Ajay Singh said, adding: “In a case involving people in high political positions, it only proves the government’s involvement. Congress will continue to fight this legal battle for students who have suffered so that the real culprits are revealed and punished.”

Mishra said: “This is perhaps the first time that a person who exposed corruption has been sentenced to jail. While former Haryana chief minister Om Prakash Chautala is languishing in jail after he illegally appointed 3,000 teachers, our CM pushed the lives of 1,40,000 meritorious students into darkness but is walking free.”

Singh also took a dig at BJP, saying the party should respect the courts and constitutional organisations. “This is the same government that is trying to shelter minister Lal Singh Arya in a murder case when a court ordered he be named an accused. Minister for water resources Narottam Mishra was also disqualified for three years by Election Commission in a paid-news case,” Singh said.

Gupta said they will challenge the conviction. “Our appeal against initiation of defamation case is pending in Supreme Court. We shall go with this decision and seek justice from the apex court,” he said.