AVEEK SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) "Suddenly a bullfrog leapt forward. He wore a turban with a shiny badge on it. Lifting a wooden ruler he announced, "A defamation suit." A huge burn-owl wearing a black robe flew in, sat on a huge stone and then began to drowse. A stinky black mole fanned him with a dirty hand-fan. .... The fox resumed the cross-examination. He asked Hij Bij Bij, "Do you know anything about a legal case?" "I know everything," boasted Hij Bij Bij. "There is a plaintiff and his lawyer. And there is the defendant and his lawyer. There are ten witnesses on each side, and a judge who sits and dozes." The owl retorted, "I'm not sleeping. My eyes are shut because I have an ailment." HBB said giggling, "I've seen many judges. All of them give the same excuse. Ho ho ha ... hoo hoo ..." ("Ha Ja Ba Ra La" by Sukumar Roy)*1 This book was published in 1921 and during last one hundred years neither any individual nor any class of people is found to have said that depiction of such court room narrative exposes them to ridicule or public hatred.

(2.) Mr. Rangan Chakraborty wrote a travelogue after visiting Masaimara and it was published in Bengali Daily Anandabazar Parika on 27/7/2008. In his Travelogue Sri Chakraborty wrote about Secretary Bird that he found while visiting the jungle. He drew a simile by saying that Secretary Bird resembles the lawyer of Alipore Lower Court very sombre but amusing. This article came to the notice of Mr. Aminuddin Seikh., the practicing Advocate of Alipore Police Court with a standing of 32 years. Mr. Aminuddin Seikh read the article and felt insulted. On 29/7/2008 client of Aminuddin Seikh, Sri Pramathesh Chakraborty came to him while he was sitting in the Bar Association Room to discuss his case. Sri Chakraborty used to address him as "Ukil Babu" but on that date Sri Chakraborty addressed him as "Secretary Bird" to the hearing of Sri Ashoke Chatterjee, Sri Gopal Mukherjee, Sri Bechu Mondal. Mr. Aminuddin Seikh voiced his protest to such conduct of his client and Mr. Pramathesh Chakraborty told him that he came to know the term "Secretary Bird" after reading the Anandabazar Patrika. However, Sri Chakraborty tendered his apology. According to Mr. Khan, by publishing the said article the Editor, the Author, the Printer became instrumental in lowering down the prestige of the entire lawyer community before the public in general and filed a petition of complaint under Sec. 500/501/34 of the I.P.C. against Sri Aveek Sarkar, the Editor, Sri Bijit Kumar Basu, the Printer, Sri Rangan Chakraborty, the Reporter of Anandabazar Patrika which was registered as Complaint Case No. 5730 of 2008.

(3.) On 31/7/2008 learned Chief Judicial Magistrate, Alipore examined the complainant under Sec. 200 Cr.P.C. and was pleased to issue process under Sec. 500/501/34 of the I.P.C. upon the accused persons.