Sudip Ahluwalia, J. - (1.) THIS Revisional application has been filed with a prayer to quash the proceedings of Complaint Case No. C/23552 of 2009 of the Court of the Ld. Chief Metropolitan Magistrate, Calcutta, as also the Order passed by him on 12.05.2009. By virtue of the said Order, cognizance was taken and issuance of processes U/Ss. 500/501 of the IPC was directed against the present petitioner, while cognizance in respect of the offences under Sections 109 read with Section 500 of the IPC was taken against the remaining 5 (five) accused persons, being The Calcutta Television Network Pvt. Ltd. and its specified Officers and Reporter.
(2.) IN para 2 of the application, the petitioner has given an elaborate and rather unwarranted introduction of himself as a sitting member of the Indian Parliament, apart from being a Legal practitioner by profession, and has averred that he is a responsible person committed to the well -being of the people within and outside West Bengal. The obvious logical suggestion would thus be that being in such position of responsibility and in the legal profession, he could not have made any irresponsible, defamatory or derogatory statement(s) to lower the reputation of his rival political party, or any of its members, for which he is now being wrongly prosecuted. It needs to be therefore mentioned at the very outset that the status or professional standing of the petitioner is inconsequential for adjudication upon the merits of his case, although the utterances imputed to him in the complaint could otherwise cast some reflection on a Parliamentarian's conduct, which might find mention elsewhere in this judgment. In the original complaint, the Complainant/opposite party had claimed himself to have been a member of the Communist Party of India (Marxist) for many years, apart from having been a member of the State Secretariat and State Committee of the aforesaid political party. He had alleged that the petitioner/accused, who was a candidate of the rival TMC Party for the ensuing 15th Parliamentary Election, had made false, scandalous and defamatory imputations against the CPI(M) party, and its permanent members including the then Chief Minister of the State on the 23rd of April, 2009 at 21.15 Hours, in the course of a Questions and Answers Session Telecast by the Calcutta Television Network. According to the complainant, such imputations were made by the petitioner intentionally, and the same resulted in harming the reputation of the party [CPI (M)] and its members including the complainant. It was further alleged that the Broadcasting Television channel and its authorized Officers/Reporter were hand in glove with the petitioner/accused person No. 1 in the matter of defamation of the CPI (M) party and its leaders through the Question and Answer Session in the programme "Voter Ghanta ". The Complainant/Respondent has however chosen not to contest this Revisional Application in spite of service.
(3.) IN order to consider the merits of the Revisional application on the basis of the contentions raised by the petitioner, and the case law cited on his behalf, it would appear proper to first go through the text of the alleged defamatory statements made, which have been quoted verbatim in the petition of complaint, as also the alleged defamatory Questions and Answers telecast in the programme "Voter Ghanta ". The alleged defamatory quotes are reproduced in the original language (Bengali) with their translations, followed by a text of the conversation in the Question - Answer Session (Annexure A to the complaint petition), translated by the Panelled Translator of the Central Translation Bureau, Ministry of Home Affairs, Government of India, as below - "(Editor: The text of the vernacular matter has not been reproduced.) (Translation) - Actually the foundation has been shaken, foundation has collapsed there is nothing to do, the final bell has been rung, bitten by mad dogs, C P M leaders are speaking nonsense wherever however. (Editor: The text of the vernacular matter has not been reproduced.) (Translation) - I've just told you, Soniaji and Mamataji both have done this by heart and due to this long experience the language Monmohan Singh has heard from C P M for the last four and a half years, at least he has understood the stuff C P M is made of. Today standing in that position C P M has to be annihilated from West Bengal. (Editor: The text of the vernacular matter has not been reproduced.) (Translation) - I have heard that after executing this agreement, when Buddhadev Bhattacharya returned to Alimuddin Street Party office, he had been caught by his party men and had perhaps a slap or two. Yes that's why such bunkum, he had practically confessed that if the agreement is implemented the CPM party itself will be annihilated. (Editor: The text of the vernacular matter has not been reproduced.) Question: One of the top leaders of district CPM Anil Basu has alleged that in the Singur movement the common people were forced to take part in the agitation by goons brought from outside - and that the people have now realized their mistake. (Translation) - Kalyan Banerjee: These are old stories, I don't know why it's being suddenly said today. They are failures, unsuccessful, if we could do it with outsiders, they could have done it with the local people. They tried to set up some committee of Nano, did you not see it vanish like dust in fifteen minutes. If there were local people, they could do it. Actually, the foundation of the CPM has been shaken, its time for CPM to go that's why they are talking all that rubbish as if they had been bitten by mad dogs. (Editor: The text of the vernacular matter has not been reproduced.) Translation - (Not required as this Quote was not imputed to the petitioner, but was uttered by the other accused (No. 6) according to the complaint). (Editor: The text of the vernacular matter has not been reproduced.) (Translation) - We will have plus in Jangipara. CPM will have to step back, people have woken up people want a change. Let us see the rowdiness CPM can create. [Annexure 'A' to the complaint petition] - (Conversation in the program "Voter Ghanta" on the CTVN Channel) "Question: Welcome Kalyanbabu, for coming to us........... The first question I shall ask you is the parliament seat in which you are contesting has attracted the attention not only of West Bengal but entire India - now the Singur incident regarding which incident your rival political party that is I am talking of the Left are campaigning that you are opposed to industry. You have deprived people from the right to employment. A huge number of persons have lost the opportunity to get jobs because of you'll. The allegation is directed straight to you all....... Kalyan Banerjee: But if I say the reverse. Today Singur has become the Centre of attention in India because the question is being raised, whose right comes first today the ordinary farmers, ordinary people, just because an industrialist has his eye on a land he has to be given priority. Today the Nano etc. is not a factor, those who can't open fifty seven thousand factories, can't open hundred to one fifty factories in Serampore, they are trying to defraud on the pretext of the name of one Tata. A worthless government, its worthless some unethical government, Buddhadeb Bhattacharya the brainless Buddhadeb Bhattacharya is saying all this nowadays as the stooge of Tata Birla. Question: This time there is a Congress Trinamool pact in the Serampore constituency where you are contesting. How far is the wind blowing in your favour due to this pact do you think while out on campaign? Kalyan Banerjee: First of all the entire people of West Bengal had wanted this pact to remove the Left Front and as the people desired this, that is why today Soniaji and Mamtaji have created this understanding with great sincerity. As a result of this pact is in every parliament constituency, why just Serampore, but in this constituency apart from that I am involved for a long time with the rights of a lot of people. Starting from Bhikhari Paswan to Singur to Nandigram -Nandigram - Rizwanur are in other places but I am an important solder in two huge fights in Hooghly district, naturally my space is much bigger, successful space. Question: We have seen that in any and every L of the legal fights of Mamata Bandopadhyay you have the role of the commandant - now there is a question that is arising today is that the claim that is being made I am coming back with Singur, it is being campaigned that if the land in Singur where the Nano factory was being built was snatched away from the farmers there would be no damage to the farmers - because it was a single crop land - now if you are told to made a counter campaign then what will you say? Kalyan Banerjee: If someone tells constant lies than nothing can be done. Buddha Bhattacharya is telling constant lies, a big dramatist, he is play -acting. That land is four crop, five crop land, the Hooghly district land is farmer's agricultural land, the Burdwan land is for farmers for agriculture and the circle that there is - that is the best agricultural land in West Bengal - everyone knows that. If someone doesn't want to know the truth - if they wish to throw out the truth and re -establish falsehood there is no answer to that. Question: So agriculture or industry? Kalyan Banerjee: We want agriculture as well as industry there cannot be industry without agriculture and not just industry. We want both. But what I want to say first is we want to establish the existing industries. If I tell you that (illegible) your child is a little weak do you want to make him a little strong, what will be your answer.......... Question: Er, yes there is another question which is that while you're out campaigning for the Lok Sabha, there is a hint of doubt in the people's mind about the Congress Trinamool pact, many think that in many area, I am not talking of the Serampore area, in some area, that under current, will work, like it did in the past - Are you feeling anything in case of Serampore parliamentary area............. Kalyan Banerjee: Those who are saying it now are wrong. Because this time people, I mean this time there have been real heart to heart talk. I've just told you, Soniaji and Mamataji both have done this by heart and due to this long experience the language Monmohan Singh has heard from C P M for the last four and a half years, at least he has understood the stuff C P M is made of. Today standing in that position C P M has to be annihilated from West Bengal. The biggest thing is the people of Bengal are wanting it. A big part of politics, no matter whether any political party or that political leader is successful only if they understand what the public wants. The public wants the pact. Hence I don't think there is any under current beyond this. If there is any in a couple -that's negligible. Nothing turns on it. Question: One of the top leaders of district C P M Anil Basu has alleged that in the Singur movement the common people were forced to take part in the agitation by goons brought from outside - and that the people have now realized their mistake. Kalyan Banerjee: First of all if Maoists are illegal, become illegal, then why did Buddhadeb Bhattacharyya not declare it even today, that's number one. Number two is why they can't capture one real Maoist in West Bengal? Actually the foundation has been shaken, foundation has collapsed there is nothing to do, the final bell has been rung, bitten by mad dogs, C P M leaders are speaking nonsense wherever however. Question: And now they are very optimistic that this time the third front will come to power, third front will have the power........... Kalyan Banerjee: This Buddha, Bangla - If he becomes the Prime Minister of India - India will be submerged. He's taking the rounds of Nandan in dhuti Panjabi (Kurta), let him go around Nandan, have a little scotch etc. in the evenings, let it be limited to that bit, so that he can a little scotch etc. in future, if he begins to dream beyond that then his dhuti will go and also his panjabi.";