Rohini Sindhuri | Photo Credit: File Photo
Senior IPS officer D. Roopa will have to face trial in a criminal case for allegedly defaming IAS officer Rohini Sindhuri as the High Court of Karnataka has said that there are prima facie materials to proceed against Ms. Roopa for making various allegations made through posts on her private social media account on the professional and private life of Ms. Sindhuri.
Justice Sachin Shankar Magadum passed the order recently while dismissing a petition filed by Ms. Roopa, who had questioned the legality of orders passed by a metropolitan magistrate in March for issuing a summons to her after taking cognisance of offence on the private complaint lodged by Ms. Sindhuri.
“If the statements posted on a private Facebook account as well as the statements made before the print media are examined, I am more than satisfied that petitioner-accused is bound to face a criminal trial,” Justice Magadum observed.
The High Court also said that “it is only during a full-fledged trial, it can be ascertained whether imputations were made with any malice or whether there are reasons to accept that petitioner had made these imputations in good faith by taking care and caution” as per exceptions under Section 499 of the Indian Penal Code.
No sanction needed
Meanwhile, the court also said that no sanction under Section 197 of the Code of Criminal Procedure (Cr.P.C) was necessary prior to taking cognisance of offence against Ms. Roopa as posts on Facebook and statements given to the print media “prima facie not being part of her official duty.”
“The acts complained by the respondent-complainant by filing a private complaint prima facie do not indicate that these allegations hinge on the official duties as a public servant and therefore, petitioner [Ms. Roopa] cannot claim protection under Section 197 of Cr.P.C. These statements do not fall within the domain of her assigned duties which a public servant is required to discharge or perform,” the Court observed.
