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2022 Supreme(Online)(Gau) 574

TRIPURA HIGH COURT
Judge, J
Swapan Kr. Paul – Appellant
Versus
Anal Roy Chowdhury – Respondent
M.S. 21 of 2013



Advocates:
For the Appellants/Petitioners: R. Datta
For the Respondents: S. Lodh

Statements made must not only be defamatory in nature but also proven to have caused harm to the plaintiff's reputation in the estimation of the public.

Headnote:(A) Indian Penal Code, 1860 - Section 499 - Defamation - Appeal against dismissal of suit for damages due to defamatory statements published in a newspaper - Plaintiff asserts reputational harm due to published news items implying fraudulent activities - Defendant claims good faith belief in the accuracy of published material - Court finds some statements defamatory but dismisses claim due to lack of evidence of reputational damage. (Paras 14, 33)

(B) Defamation - Elements for establishing defamation and proof of injury to reputation of the plaintiff - The adjudication of what constitutes defamatory statements must involve both subjective and objective evaluations of the statements and their effects on the reputation of the person concerned, with emphasis on proof of harm. (Paras 27, 30)

Facts of the case:
The plaintiff, a businessman, alleges defamation through articles published in defendant’s newspaper, claiming reputational harm and seeking monetary damages of Rs.10 crores. The defendant published various articles that purportedly labeled the plaintiff as a fraud and engaged in illegal activities related to land allotment and narcotic dealings.

Findings of Court:
Civil Judge found some articles defamatory; however, he ruled the plaintiff failed to demonstrate actual reputational harm as per standard legal thresholds.

Issues: Whether the defendant published false information with malignant intent; whether the plaintiff suffered harm to reputation legally cognizable.

Ratio Decidendi: The court ruled that while some articles contained defamatory content, the plaintiff did not establish any evidence that his reputation was lowered in the eyes of others or that he suffered damages as a result.

Result: Appeal dismissed.

Table of Content
1. plaintiff appeals against a dismissed suit. (Para 1)
2. plaintiff claims defamation due to false news. (Para 2 , 3)
3. defendant's denial of defamation in defense. (Para 4 , 5)
4. plaintiff seeks damages and injunction. (Para 6 , 7)
5. court considers issues for adjudication. (Para 8 , 9 , 10)
6. court analyzes whether published news is defamatory. (Para 11 , 12)
7. court reiterates importance of reputation. (Para 20 , 21 , 22 , 23)
8. right to reputation is fundamental. (Para 27 , 28)
9. defamation requires proof of reputational damage. (Para 29 , 30)
10. appeal dismissed; some remarks on journalistic standards. (Para 34)

1. Being aggrieved by the judgment and decree dated 06.02.2017 delivered in M.S. 21 of 2013, titled as Swapan Kr. Paul v. Anal Roy Chowdhury by the Civil Judge, Sr. Division, No.1, West Tripura, Agartala, this appeal has been preferred by the plaintiff. By the said judgment, the suit of the appellant for damages has been dismissed.

2. The brief facts as relevant to appreciate the grounds of the appeal are placed at the outset. The plaintiff claims to be a reputed businessman. He has been successfully carrying business of transportation and for such reputation, he was engaged as the transport contractor by Oil and Natural Gas Corporation Ltd., ONGC in short, Food Corporation of India Ltd., FCI in short and other government departments. That apart, the plaintiff is the Managing Director of M/S. Rajarshi Motors Private Ltd. which deals in the vehicles manufactured by Tata Motors Ltd. According to the plaintiff, the yearly financial transaction concerning their business, business of the plaintiff and his family members, is estimated at around Rs.100 crores during the financial year 2011-2012. The plaintiff has got allotment of land measuring 2.150 acres from the government on payment of premium for constructing a four star category hotel.
The defendant - respondent in this appeal, is the owner, editor, publisher and printer of a Bengali daily newspaper, namely Pratibadi Kalam published from Agartala. According to the plaintiff, with a view to malign him and to harm his reputation, in the said newspaper several news items were published. Those news items are identified as follows:
(1) News item dated 30 April, 2013 under the headline "Niriho Upajatike Thokie Swapaner Panchtara hotel." (Swapan builds 5 Star hotel by cheating / duping the innocent Tribal),
(2) News item dated 1st. May, 2013 under the headline, "Manabendrar Oboidha Adeshei jomir Dakhal nen Swapan Paul" (Swapan Paul has taken possession the land on the basis of illegal order of Manabendra).
(3) News item dated 3 May, 2013 under the headline, "Rajjyer Phency Suprimo Swapan and Namita" (Swapan and Namita are the Phency Supremo of the State).
(4) News item dated 4 May, 2013 under the head line," Takar Jore Ayeen Palte fele Swapan" (Swapan changes the law applying his money power)
(5) News item dated 06 May, 2013 under the head line, "Sarkarke dusho kotir faki Swapan paler" (Swapan has defrauded government of two hundred crores).
(6) News item dated 07 May, 2013 under the headlined" Ekadhik TCS Jorito Swapan Pauler Kelenkarite"(more than one TCS officer involved in the scandal concerning Swapan Paul).
(7) News item dated 08 May, 2013 under the head line," Swapaner Sapakkhe number tarikh hin adesh Mahakuma Sashaker" (Undated order of the Sub-divisional officer favouring Swapan).
(8) News item dated 10 May, 2013 under the headline, "Sarkar naki doshi, bolche Swapaner Khas Mahal" (Govt. is guilty, says insiders of Swapan's business).









3. It has been pleaded that in those news items, the defendant published the stories imputing the plaintiff. By depriving a member of the tribal community namely, Dilip Debbarma, the Government land has been allotted in favour of the plaintiff. Another story "imputes" that the plaintiff was a petty vegetable vendor, he used to work as a "Coolie". He used to carry rice bags to the houses of ONGC officers. He was close to the Chie


































































































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