DEFAMATION AGAINST EX-MLA HIRANAGAR AND ANOTHER
CJM Kathua summons Ex-MLA and a Journalist
JKUT (Jammu), August-20-2021-( JNF):- The Chief Judicial Magistrate, Kathua Ms. Sandeep Kour has summoned Ex-MLA Hiranagar Prem Lal and a Journalist namely Arun Trisal son of Avtar Krishan Trisal resident of Shiva Nagar, Kathua and owner of Online News Portal ‘Alert India News’ Kathua in a criminal complaint filed under Section 500/504/506 IPC (Defamation) lodged by the complainant Dr. Adeep Kumar Gupta Proprietor of M/s Gupta Hospital and Research Centre, Kalibari, Kathua.
After hearing Advocate Kirty Bhushan Mahajan appearing for the complainant Dr. Adeep Kumar Gupta, the Chief Judicial Magistrate, Kathua Ms. Sandeep Kour observed that the Court has perused the complaint alongwith the documents annexed and also the preliminary statement of the witnesses and the pen drive containing alleged defamatory video clips dated May, 14 2021 and there is material on record to proceed against the accused Ex-MLA Prem Lal and Arun Trisal a local journalist of Kathua and further directed Incharge Police Station, Kathua to serve the accused for the next date of hearing.
Advocate Kirty Bhushan Mahajan vehemently argued that Dr. A.K. Gupta established a Multi Speciality Hospital at Kalibari, Kathua way back in the year 1995 and the said hospital is providing quality health care services to the public at large belonging to Districts Kathua, Udhampur, Samba and some parts of Punjab. He further submitted that the growth of the said hospital has been an eye sore for certain vested interests who are hell bent to tarnish the image of the hospital established by Dr. A.K. Gupta.
Advocate K.B. Mahajan further submitted that on May, 12 2021 one Deepak Raj S/o Tarsem Lal R/o Village Chhan Lal Deen, Tehsil Marheen District Kathua was brought in a serious condition by his family members at Gupta Hospital, Kalibari with severe breathlessness and his saturation at that point of time was 80% and Dr. A.K. Gupta and his team of Doctors looking into the serious condition of the patient advised ‘Mechanical Ventilator Support’ and on the insistence of the family members the patient was admitted with the understanding that the patient will be discharged the moment some better health institute is arranged. The said patient was kept on Oxygen Inhalation with high flow mask and he was given Bi-Pap Support alongwith required doses of steroids and saturation was maintained at around 90%.
During the course of arguments, Advocate Kirty Bhushan Mahajan further submitted that on May, 13 2021 Ex-MLA Hiranagar Prem Lal claiming to be the real uncle of the patient approached Dr. A.K. Gupta and he was apprised about the critical condition of the patient and Dr. A.K. Gupta further advised Ex-MLA Prem Lal to shift the patient at a higher centre for Mechanical Ventilation of the patient and thereafter the Ex-MLA Hiranagar informed that very shortly they will come up with an Ambulance having oxygen support and the patient will be shifted to GMC, Kathua for Mechanical Ventilation and the patient was referred to GMC, Kathua and subsequently the said patient died at GMC, Kathua during the night intervening 13th/14th of May, 2021.
In the criminal defamation complaint it is further alleged that on May, 14 2021 Ex-MLA Prem Lal spoke to News Portal ‘Alert India News’ Kathua being run by Arun Trisal and the media briefing went viral on the social media accusing Dr. A.K. Gupta of charging hefty amount of Rs.40,000/- to Rs.45,000/- and also accused the hospital having no infrastructure and besides this the Ex-MLA also levelled allegations against Dr. A.K. Gupta of running a racket of selling kidneys/organs trafficking and also requested District Administration, Kathua to cancel the licence of Dr. A.K. Gupta Hospital. The video /facebook interview spread like wild fire not only in District Kathua but throughout the UT and other parts of the Country and Dr. A.K. Gupta suffered immense loss to his reputation. The complainant Dr. A.K. Gupta has further alleged that the local journalist Arun Trisal did not ascertain the stance of the hospital and aired the video which caused extensive damage to the reputation of Dr. A.K. Gupta and his Hospital.
After considering the submissions of Advocate Kirty Bhushan Mahajan and also after going through the contents of the complaint alongwith the statements of the complainant and his witnesses, the Chief Judicial Magistrate, Kathua Ms. Sandeep Kour in a significant order directed the summoning of the Ex-MLA Hiranagar Prem Lal and journalist Arun Trisal in the criminal defamation complaint filed by Dr. Adeep Kumar Gupta. The Court further directed Incharge, Police Station, Kathua to serve the notice upon the two accused for their personal appearance before the Court on September, 9, 2021. JNF