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2010 Supreme(Cal) 921
HIGH COURT OF CALCUTTA
KALIDAS MUKHERJEE, J.
Asis Kumar Saha - Appellant
Versus
State Of West Bengal - Respondent
CRR No. 718 OF 2010
Decided on : Aug 04, 2010
Sudipto Moitra, Farhaduddin, Y.Z. Dastur, Debapriya Mitra, A.K. Gandhi, Swapan Kumar Mallick, P. Satpathy
The circulation of false and defamatory statements without taking reasonable care to verify their truth can constitute defamation.
Headnote:
DEFAMATION - COMMUNICATION - PUBLIC INTEREST - DUE CARE AND CAUTION - MALICE - GOOD FAITH - EXCEPTION 8 AND 9 OF SECTION 499 I.P.C. - The accused were charged with defamation for circulating a letter containing false and defamatory statements about the complainant, a practicing advocate and member of the CIC Society. The accused claimed that the letter was issued only to protect the collective interest of the flat owners and that they had acted in good faith and without malice. The court held that the questions of good faith, public good, and due care and caution were matters of evidence to be determined at trial. It further held that the letter contained false and defamatory statements and that the accused had not taken reasonable care to verify the truth of the allegations before circulating the letter.
Fact of the Case:
The complainant, a practicing advocate and member of the CIC Society, filed a complaint against the accused for circulating a letter containing false and defamatory statements about him. The accused claimed that the letter was issued only to protect the collective interest of the flat owners and that they had acted in good faith and without malice.
Finding of the Court:
The court held that the questions of good faith, public good, and due care and caution were matters of evidence to be determined at trial. It further held that the letter contained false and defamatory statements and that the accused had not taken reasonable care to verify the truth of the allegations before circulating the letter.
Issues: Whether the letter circulated by the accused contained false and defamatory statements.
Ratio Decidendi: The court relied on the following principles: - The questions of good faith, public good, and due care and caution are matters of evidence to be determined at trial. - The letter contained false and defamatory statements. - The accused had not taken reasonable care to verify the truth of the allegations before circulating the letter.
Final Decision: The court dismissed the petition to quash the proceedings against the accused.
KALIDAS MUKHERJEE, J.
1. THIS is an application under Section 482 Cr.P.C. praying for quashing of the proceedings being case No. 50018 of 2009 under Section 500/120B of the Indian Penal Code pending before the learned Metropolitan Magistrate, 8th Court, Calcutta. The petitioners have also challenged the orders dated 09.11.2009, 04.01.2010, 08.01.2010, 15.01.2010 and 22.01.2010 passed by the learned Magistrate in the said case.
2. THE case of the complainant, in short, is that he is a practising Advocate of the Hon'ble High Court at Calcutta and he is a member of the Bar Association of the High Court. He has been practising for 31 years. THE complainant owns a flat being No. 1 on the 4th floor of the Chatterjee International Centre, 33A, Jawaharlal Nehru Road, Calcutta 700 071. THE complainant has his chamber at 8, Old Post Office Street, Calcutta 700 001 and also in flat No. 3, on the 6th floor of the Chatterjee International Centre (hereinafter referred to as CIC). THE complainant was one of the members of the Executive Committee of the CIC Society from 20th April, 2002 to 28th March, 2008. In the last election held for the members of the Executive Committee of the CIC Society on 28th March, 2008, the complainant did not contest the same, but, for his service rendered by him to the society and for the building, he was regularly invited as a special invitee to attend the Executive Committee meetings of the society for his advice. THE accused Nos. 10 to 13 and/or their family members were having various disputes with the CIC society and/or its Executive Committee members which had resulted in various litigations in the City Civil Court at Calcutta, Hon'ble High Court at Calcutta. Arbitration proceedings and special leave petitions were filed in the Hon'ble Supreme Court and the criminal cases were filed by the accused No. 10 to 13 against the members of the Executive Committee of the society, its officers and contractors. THE said accused persons were aggrieved to the complainant, as they have an opinion that due to legal service rendered by the complainant to the society, the said accused persons did not succeed in achieving their unreasonable desire and aim inspite of various litigations. THE accused No. 9 on behalf of his establishment has filed a suit against the society, which is being contested by the society. THE society has taken occasional legal advice from the complainant for which the said accused is unhappy with the complainant.
The accused Nos. 4 and 5 and/or their family members are having some disputes with the society since the flat No. 7 on the sixth floor in which the office of the CIC society is situated has been purchased by the family of the said accused persons and they are aggrieved since the society has not vacated the said flat and some disputes between them and the society are existing. The aforesaid accused persons having some other disputes with the society have formed an alliance to defame the complainant. The aforesaid accused persons along with few others have sent and circulated a letter dated August 4, 2009 signed by the said accused persons for self and/or on behalf of their firms and/or establishment and the said letter has been addressed to Shri Gaurav Swarup, President of CIC Society. Copies of the said letter were also circulated, distributed and/or caused to be circulated and distributed by the aforesaid accused persons to various owners and occupiers of CIC. The said letter contains various forms of defamatory and malicious statement against the complainant. The statements and allegations made against the complainant in the said letter are false to the knowledge of the accused persons and they have made such false allegations and imputations against the complainant out of malice and to wrongfully expose the complainant to contempt, redicule, hatred and to prejudice the complainant in the way of his profession and the reputation. The false and defamatory statements have been made in
