AJIT KUMAR BHUYAN Vs. HITESHWAR SAIKIA

JUDGEMENT

(1.) This application has been filed by the opposition party No. 1 for vacating/modifying the interim order dated 12.4.94 passed by this court in Civil Revision No. 119/94 staying further proceedings in Money Suit No. 293/92 pending in the court of the learned Assistant District Judge No. 1, Gauhati.

(2.) The brief facts, relevant for the purpose of this Misc Case are that the opposite party No. 1 filed Money Suit No. 29.3.92 in the court of the learned Asstt. District Judge, Gauhati against the two-petitioners for damages of Rs. l,00,000/-and for permanent injunction. In the said suit the case of the opposite party No. 1 is that the petitioner No. 1 and 2 are the Editor and the 'Publisher' respectively of the Assamese 'Sadin' and the opp. party No. 2 is the Proprietor of the said weekly. In the issues dated 28.8.92 and 4.9.92 of the said Assamese weekly 'Sadin' some articles were published containing statements which are defamatory of the opposite party No.l and are calculaed to lower the opposite party No.l who is the Chief Minister of the State of Assam in the estimation of right thinking men and expose him to hatred, contempt or ridicule. For such defamation, the opposite party No.l has claimed Rs, l.00.000/- as damages and has, prayed for permanent injunction restraining the defendants from publishing any words to the like effect in future.

(3.) In respect of the publication of the very same article in the issue of 'Sadin' dated 28.8.92 a Criminal Complaint Case No IC/92 has also been filed against the petitioners by Public Prosecutor with the sanction of the Government of Assam in the court of learned Sessions Judge, Gauhati and as per the said complaint case, the news item published in the 'Sadin' dated 28.8.92 contains defamatory statements concerning the integrity of the Chief Minister of Assam and the Managing Director of Assam Industrial Development Corporation and the petitioners are guilty of offences punishable under section 120-B of I.P.C. read with sections 500/501/502 of the I.P.C.