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2018 Supreme(Online)(Gau) 289

IN THE HIGH COURT OF TRIPURA
Civil Judge, J
Ayub Khan v. Editor Dainik Sambad Tripura West and Others
T.S. 27 of 2005



Advocates:
For the Appellants/Petitioners: D.R. Choudhury
For the Respondents: A.K. Bhowmik, R. Dutta

A plaintiff must substantiate claims of defamation with specific allegations and evidence of reputational harm, which cannot be based merely on general assertions or unverified statements.

Headnote:(A) Code of Civil Procedure, 1908 - Section 96 - Defamation - Suit for damages of Rs.10,00,000/- due to defamatory publications by newspaper against the plaintiff, a retired Principal Chief Conservator of Forests - Trial court concluded that the plaintiff failed to prove defamation, citing admissions made regarding corruption and procedural lapses during his tenure, thus dismissing the suit. (Paras 1, 10, 36)

(B) Publication in good faith - Defendants argued publications were based on public interest regarding misconduct of a public servant and thus did not constitute defamation - Court found no evidence of malice or falsity in publications, emphasizing the need for due care and attention in reporting. (Paras 25, 36)

(C) Need for specifics in defamation claims - Court emphasized plaintiff's burden to provide specific allegations of defamatory statements and evidence to support damage claims, which were found insufficient. (Paras 9, 36)

Facts of the case:
Plaintiff, a retired Principal Chief Conservator of Forests, claimed damages for defamatory articles published in the defendant's newspaper regarding alleged corruption and misconduct during his tenure. Defendants asserted the publications were based on factual allegations from credible sources.

Findings of Court:
The trial court dismissed the suit, noting the plaintiff’s admissions about his own misconduct and the lack of evidence demonstrating actual reputational harm caused by the publications.

Issues: The main issues included the maintainability of the suit, the existence of a cause of action, the good faith behind the publications, and the sufficiency of evidence relating to reputational harm.

Ratio Decidendi: The court ruled the plaintiff's failure to provide adequate specifics about the defamatory content and support for damages led to the dismissal of the appeal, confirming the trial court's findings that the publications were justifiable based on the public interest rather than malicious intent.

Result: Appeal dismissed.

Table of Content
1. factual background of the defamation suit. (Para 1 , 2 , 3 , 4)
2. arguments presented by the plaintiff and defendants. (Para 5 , 6 , 11 , 12 , 13 , 36)
3. court's observations on evidence and parties' claims. (Para 9 , 10 , 29 , 30 , 33 , 34 , 35 , 37)
4. legal principles regarding defamation and good faith. (Para 14 , 18 , 19)
5. final conclusion dismissing the appeal. (Para 38)

1. This is an appeal under S.96 of the CPC from the judgment, dated 28.01.2013 delivered in T.S. 27 of 2005 by the Civil Judge, Senior Division, Court No.1, Agartala. The appellant instituted the suit and as such, hereinafter, the appellant would be referred to as the plaintiff. The suit was instituted for realizing the damages suffered by the plaintiff for publication of news item in the defendants - newspaper namely ' Dainik Sambad' .

2. On a reading of the plaint, it appears that the said newspaper had published some reports imputing the conduct of the petitioner in its several issues from 29.04.2005 to 14.06.2005 without any foundation but with full of defamatory and derogatory comments for tarnishing the image and reputation of the plaintiffs. The plaintiff has assessed the damage at Rs.10,00,000/- (Rupees ten lakhs) and sought for a decree for realizing the said amount. The plaintiff has stated in the plaint that after successfully serving the Government of Tripura as the Principal Chief Conservator of Forests, the PCCF, in short, he retired on superannuation of 30.04.2005. The plaintiff has given a short list of his achievements and awards that he was conferred on.

3. The plaintiff had introduced, according to him, various projects and good practices for development of forest in Tripura, for which the State Government had appreciated his service and recognized his contribution to the Forest and Environmental Areas. After his retirement, in the said newspaper, some defamatory materials were published denigrating him in the estimation of the public. In the news item published on 29.04.2005 under caption ' Bana Daptarer Vidayi Kartar Biruddhe Kotitaker Kelenkerir Abhiyog' (allegation of scam of crores of rupees against the retiring departmental Chief of Forest Department). The plaintiff has asserted that the said report was based on unfounded allegations. Moreover, the presentation of the said news item was made in a deplorable language. He started receiving telephone calls from various quarters, but they were not named in the plaint. The callers are very important persons whom the plaintiff in whose estimation the plaintiffs - reputation might have fallen down did not recognize. In reaction to the said news item, the plaintiff had sent a rejoinder to the said newspaper and that rejoinder was published in a brief form. The said newspaper continued to publish such defamatory and derogatory allegations against the petitioner on succeeding days viz. 30.4.2005, 01.05.2005, 11.05.2005, 01.06.2005, 04.06.3005, 06.06.2005 and 14.06.2005. The defendant Nos. 1 and 2 were under obligation to verify the contents before those were published. Since, the allegations were unfounded, no such attempt was made by the defendant Nos. 1 and 2. Consequent thereupon, publication of those news items, the plaintiff served a notice stating that the news as published in the defendants - newspaper was full of unverified, unfounded and defamatory materials. The plaintiff had stated that the said newspaper published a rejoinder apologetically. The allegations those were broadly made in the said newspaper may briefly be summarized as so made in the plaint :

' (a) The plaintiff as P. C . .F. encouraged illegal extractions of forest produce to benefit a group of contractors.

(b) Even though, collection of the stone boulders from reserve forest is not permitted except in accordance with the approval of the C entral Government. But the plaintiff as P. . .F. allowed permits to a number of persons. As a result, boulders worth of Rs.10.00 crores were extracted and car

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