CJM Kathua summons ex-MLA, journalist in defamation case

STATE TIMES NEWS
JAMMU: Chief Judicial Magistrate, Kathua 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 of IPC (Defamation) lodged by complainant Dr Adeep Kumar Gupta, Proprietor of M/s Gupta Hospital and Research Centre, Kalibari, Kathua.
After hearing Advocate Kirty Bhushan Mahajan appearing for complainant, the Chief Judicial Magistrate Kathua Sandeep Kour observed that the Court has perused the complaint along with documents annexed and also the preliminary statement of the witnesses and 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. The Court 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 1995 and the afoesaid hospital is providing quality healthcare services to the public at large. He further submitted that the growth of the aforesaid hospital became an eye-sore for certain vested interests, hell bent to tarnish image of the hospital.
Advocate K B Mahajan further submitted that on May, 12 2021, one Deepak Raj, son of Tarsem Lal, resident of 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 per cent. Dr A K Gupta and his team of Doctors looking into the serious condition of patient advised ‘Mechanical Ventilator Support’ and on the insistence of family members, the patient was admitted with the understanding that the patient will be discharged the moment some better health institute is arranged. The aforesaid patient was kept on Oxygen Inhalation with high flow mask and he was given Bi-Pap Support along with required doses of steroids and saturation was maintained at around 90 per cent.
Advocate Kirty Bhushan Mahajan further submitted that on May, 13 2021 ex-MLA Hiranagar Prem Lal claiming to be real uncle of the patient approached Dr A K Gupta and was apprised about the critical condition of patient. Dr A K Gupta further advised ex-MLA Prem Lal to shift patient at a higher centre for Mechanical Ventilation 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. Patient was referred to GMC Kathua and subsequently the aforesaid patient died at GMC Kathua during intervening night of May 13-14, 2021.
In the criminal defamation complaint it was 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 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 of having no infrastructure. Further, ex-MLA also leveled allegations against Dr A K Gupta of running a racket of selling kidneys/organs trafficking and 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 due to which Dr A K Gupta suffered immense loss to his reputation. The complainant 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 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 along with the statements of the complainant and his witnesses, the Chief Judicial Magistrate, Kathua Sandeep Kour directed the summoning of 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.

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