DIPANNITA JAISWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Bhuyan, learned counsel for the petitioner. None appears for and on behalf of respondent Nos. 2 and 3.

(2.) The petitioner, herein, is the Managing Director of the Company, namely, M/s Brahmaputra Tele Productions, which is running a tele-channel, namely, DY-365 and she looks after the general administration of the company. The aforesaid M/s Brahmaputra Tele Productions and its Managing Director, Editor-In-Chief, Executive Editor, Reporter and one Dr D N Choudhury, has been arrayed as an accused in the complaint filed by the respondent No. 2/the complainant, for broadcasting a news in their news channel on 05.02.2013, under the caption-"This time, sex scandal between Adhyapak and Adhyapika of Gauhati University." Accused No. 6, Dr D N Choudhury, who is the Assistant Professor of Department of Law, Gauhati University, gave interview to accused No. 5/the reporter with objectionable and defamatory language. In the said news item, by referring an anonymous letter purportedly written by some students, it was telecasted that-

(3.) The news channel telecasted the interview on the day of occurrence given by the said Dr Choudhury. Knowing about the aforesaid telecast from different phone calls, the complainant lodged the complaint, with the allegation that the above imputation made in the news item is absolutely false, baseless, frivolous, malicious and defamatory and without any proper enquiry by the news channel has telecast the news item with malafide intention to tarnish the image of the complainant in the eye of public. Such statement made by Dr Choudhury before the reporter is absolutely a false statement and hence, it is defamatory and derogatory in nature and published by the news channel intentionally. The complainant was working as a Professor and Head of the Department of Law and Dean, Faculty of Law, University of Gauhati, having excellent academic qualifications and a respectable person in the society, hence, it is alleged that such malicious news item has severely dented and lowered the image of the complainant before the public, students, scholars as well as immediate family members, who has high regards for him. Telecasting of such type of baseless, false and derogatory news has lowered his reputation in the society, which is irreparable in nature.