BABUL SUPRIYO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Background:- In the wake of a political turmoil after arrest of a leader of opposition party in Lok Sabha on 3rd January, 2017, a national debate was held and telecast by a national channel, named, NDTV 24 X 7. The said debate was anchored by one Ms. Barkha Dutta and titled as The Buck Stops Here .

(2.) In the said national debate the petitioner, an elected MP and the then ruling party of the Central Government and the opposite party No.2, an elected member of Legislative Assembly of the State of West Bengal and National Spokesperson on behalf of her political party at the relevant point of time took part in the discussion. In course of such debate, when the opposite party No.2 was opposing the petitioner s contention, he made a comment, Mohua, are you on Mohua?

(3.) According to the opposite party No.2, the said comment was derogatory alluding of the intoxicating liquor called Mohua which is drunk in many tribal areas in India. She also alleged that the petitioner made such comment at the fag-end of the programme. The opposite party could not raise any protest against the said remark. However, the anchor of the programme immediately reprimanded the petitioner and asked him not to make any personal remark in course of debate.