Press council of india

Guest (Querist) 26 October 2011 This query is : Resolved
Sir
One of my friend complained to Press Council of India regarding publication of defamatory news by its editor with malafide intention. He sought censure of nespaper
After complaining he also moved a criminal complaint u/s 499/500 with court of law against the editor.
Section 3 (2) of Press Council Inquiry Regulation requires a complainant to immediately inform PCI regarding the subject matter of complaint being taken up in court of law/or becoming sub judice.
Now i want to know that if the reliefs in both the complaints are different and in one censure of newspaper is sought and in the other action under IPC is being sought, then can it be said that the matter complained before PCI has become subjudice?
If simultaneously remedies can be explored in Civil and criminal courts regarding defamation, then can in this case where complainant has, after complaining to PCI, moved criminal court, PCI refuse to further entertain the complaint stating that the matter has become subjudice?

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Kiran Kumar (Expert) 26 October 2011
PCI is not a judicial body and largely they defend newspaper only...you may continue with your judicial proceedings before the appropriate judicial forum....the matter shall not be rendered subjudice only for the reasons a complaint has also been made to PCI.

PCI is largely a biased body and I have got a bitter experience of it.

prabhakar singh (Expert) 26 October 2011
However PCI SAYS "The Council cannot deal with any matter which is sub-judice in the law court. The complainant has to declare that “to the best of his knowledge and belief he has placed all the relevant facts before the Council and that no proceedings are pending in any court of law in respect of any matter alleged in the complaint.” A declaration that “ he shall notify the Council forthwith if during the pendency of the inquiry before the Council any matter alleged in the complaint becomes the subject matter of any proceedings in a court of law" is also necessary."

Devajyoti Barman (Expert) 26 October 2011
Generally most of the Parent Body of the professionals are biased.

Even we could not deny how the Bar Council protects the advocates even if serious complaint is lodged against them.

Sailesh Kumar Shah (Expert) 26 October 2011
I suggest you to take action accordingly as advised.

Shonee Kapoor (Expert) 26 October 2011
:-)

Regards,

Shoneee Kapoor
harassed.by.498a@gmail.com

Chanchal Nag Chowdhury (Expert) 26 October 2011
Had enough with PCI? Go ahead with 500 IPC. Want more?--File a civil suit for damages.

Guest (Querist) 26 October 2011
Respected experts, keeping in view the facts mentioned above by me please elaborate that can PCI refuse to entertain the complaint stating that matter has become sub judice?

Sailesh Kumar Shah (Expert) 30 October 2011
First, you shall try it. In my opinion "no"

Press council of india

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