The main legal point established in the judgment is the requirement for a publication to lower the plaintiff in the opinion of a substantial, respectable group for it to be considered defamatory.

This Appeal has been filed against the Judgment and decree dated 22-7-93 passed in T.S. No. 97/91 by the learned Asstt. District Judge No. 1, Guwahati. By the impugned judgment and decree, the learned Asstt. District Judge decreed the suit for an amount of Rs. 50,00000/-.

2. The suit was filed by the respondent No. 1 who was earlier the Chief Minister of Assam claiming that he was defamed by an Article published in Illustrated Weekly of India Weekend December 8-9/90. That Article is quoted below :-

"Money and Muscle power

The leadership of Prafulla Kr. Mahanta, deposed Chief Minister of Assam, is under serious threat from an influential section of the Asom Gana Parishad, following the imposition of Presidents rule. Since 1985, Mahanta had remained not only the Chief Minister but also the President of the AGP.

The happiest person in the wake of the presidential proclamation of November 28 overthrowing the AGP government was Home Minister Bhrigu Phukan, according to reliable sources here, Phukan and Mahanta shared a troubled relationship since 1987 when serious differences cropped up between the two, Phukan is reported to have commented recently; "Prafulla has dug his own grave by patronising ULFA and inviting Central rule."

Significantly, Phukan not only enjoys the support of sizeable numbers of AGP legislators and party leader but AGP M. Ps. too. This group is determined to challenge Mahantas leadership in the A.G.Ps organisational elections scheduled for January.

Phukan has described the AGP government as the most corrupt regime in the country in his conversion with loyalists.

He has dubbed Mahanta the countrys most inefficient Chief Minister who survived for five years with the help of money and muscle power. Phukan, who enjoy the cleanest reputation among AGP ministers and leaders, has also accused Mahanta of rewarding corrupt and immoral cabinet colleagues.

Phukan claims that he possesses official correspondance which proves that several ministers and senior AGP leaders obstructed the home minister each time from action was contemplated against ULFA. In the 1985 polls, the AGP won only 71 of the 120 seats in the assembly. With fighting reaching new heights, it is not clear whether the AGP will be able to match even its 1985 performance when election are finally held."

3. It is stated herein that when this article was published whose name was mentioned as the source of the article, he wrote a letter dated 13-12-99 denying his involvement in the article. He has also denied the following statements "Prafulla has dug his own grave by partonising ULFA and inviting Central rule" and "also that AGP Government as the most corrupt regime in the country". He even by this letter stated that he never met Mr. Abdi during his visit to Guwahati. Thereafter the suit was filed on the ground that the reputation of the plaintiff was harmed and injured by that article. There was also a request to publish this letter on the next issue in the News paper by Sri Bhrigu Kr. Phukan but the same was not done.

4. The allegation made in the Plaint in paragraph 10 wherein is stated inter alia are as follows :-

"10. .............. The serious allegations and imputations made against the plaintiff in the said article have created a bad feeling among the general public against the plaintiff and have also damaged his name, fame and reputation. The said article has contained serious baseless, imaginary and concocted allegations against the plaintiff and the same amounts to defamation."

5. Notice was issued to the defendants and Mr. P. Pathak and Mr. R. K. Jain appeared by filing two Vakalatnamas for all the defendants. But after filing of the Vakalatnamas the defendants did not file any W.S. and as such, the suit proceeded ex parte and on 16-9-92 the plaintiff examined himself as a witness. He exhibited the article written in the News paper as well as the letter written by Sri Bhrigu Kr. Phukan and he deposed regarding the loss of reputation suffered by him.