TRIPURA HIGH COURT
Judge, J
Swapan Kr. Paul – Appellant
Versus
Anal Roy Chowdhury – Respondent
M.S. 21 of 2013
| 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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.