News reports are hearsay; cannot be treated as proven fact: Jammu & Kashmir High Court

Statements in a newspaper report are only hearsay and cannot be relied upon in court as a proven fact without any statement to verify its authenticity by the news reporter, observed the Jammu and Kashmir High Court recently [Balwant Singh V/s State of Jammu and Kashmir].

Justice Sanjay Dhar made the observation while rejecting certain counterclaims made by the electricity authorities in Jammu in their opposition to a plea seeking compensation for the death of a woman.

The woman's sons (petitioners) had contended that she had died after coming into contact with live electric wires that the authorities had neglected to maintain.

The authorities contested this claim by relying on a report by news portal, 'The Daily Excelsior' which said that a woman by the same name had died in a thunderstorm.

The Court, however, gave more weightage to a post mortem report which supported the petitioners' version of events.

"So far as the news report is concerned, the same is based upon hearsay evidence of reporter of the newspaper. The assertion made in a newspaper cannot be treated as proved facts reported therein. A statement of fact contained in a newspaper is merely hearsay and, in the absence of statement of the maker of the news report, the same cannot be relied upon as a proved fact," the Court added.

The Court proceeded to order the grant of ₹10 lakhs as compensation to the woman's sons on account of her untimely demise.

The woman, one Satya Devi, had died due to electrocution in 2007. She had gone to a forest in search of a buffalo, but did not return. After the police launched her search for her, her dead body was found in the forest.

It came to light that she had died due to electric shock after coming in contact with live electric wires passing through the forest.

Her sons told the High Court that the local persons had earlier complained of broken wires in the area, about 19-20 days before their mother's death, but that no steps were taken to repair these wires.

Their counsel argued that the woman had died due the negligence of the authorities. The petitioners sought ₹25 lakhs as compensation.

The concerned authorities in Jammu countered that Satya Devi had died due to lightning and not because of contact with live wires. To support their claim, the authorities cited a June 30, 2007 report published by the Daily Excelsior which said that Satya Devi died after being hit by lightning. In view of this, the authorities asserted that they were not liable to compensate the petitioners for their mother's death.

The Court, however, rejected this version of events as hearsay and concluded that the authorities were liable to pay compensation for Satya Devi's death.

The Court further took note that the Jammu and Kashmir government had framed a policy in 2019 to provide ₹10 lakhs as ex gratia compensation to the heirs of any person who dies due to electrocution. The Court, therefore, ordered the payment of this amount as compensation to the petitioners.

Advocate Ashok Sharma appeared for the petitioners.

Advocates Pallavi Sharma Advocate and Ravinder Kumar Gupta appeared for the respondent-authorities.

[Read Judgment]