The Court, however, noted that Manorama had not produced any documentary evidence to back up their claims, even though the onus of proof was on them to back up their claims in a defamation case.
The Court also agreed with Indira that the article was per se defamatory.
“On reading the news, it would appear that plaintiff has some nexus with the alleged connection of her son with Mrs Swapana Suresh. So, the news item is per se defamatory, unless justified with proof of its truth. So, the defendants could succeed only if they are able to establish truth of its contents, to the extend which imputed reputation of the plaintiff,” the Court said in the judgment.
Even if there was a violation of quarantine guidelines, it is not a matter for publication on the front page of a leading daily, the Court opined.
Source: Barandbench
