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Vinod Kumar Bhatra Vs. Mahendranath Phukan and anr. - Court Judgment

LegalCrystal Citation
Subject;Criminal
CourtGuwahati High Court
Decided On
Judge
AppellantVinod Kumar Bhatra
RespondentMahendranath Phukan and anr.
Prior history
K. Lahiri, J.
1. Upon hearing Mr. A.K. Bhattacharjee, learned Counsel for the petitioner, Mr. D.N. Choudhury, learned Sr. Govt. Advocate as well as Mr. S. Ali, learned Public Prosecutor, Assam, we make the following order as agreed upon by the learned Counsel for the parties which we also consider just and proper.
That all aspersions against the petitioner and the members of his family are hereby expunged from the records, reports, judgments, orders and all the petitions. Those shall never be
Excerpt:
- - advocate as well as mr......making allegations or imputations against responsible persons. no adverse remark, viz., that the members of a party are 'men of desparate character', a common phrase used by the police officers throughout india, should be used unless the police officers find that there are some materials to bear the allegations. otherwise, they may amount to defamation under section 500 of the penal code. there cannot be any justification in making aspersons of the nature against a person in the absence of any material. without expressing any final opinion, we feel that such remarks may not be made unless the imputations are substantially true, based on some materials or evidence.it is true that in the instant case the aspersons which have been recorder in the report of the opposite party are a.....
Judgment:

K. Lahiri, J.

1. Upon hearing Mr. A.K. Bhattacharjee, learned Counsel for the petitioner, Mr. D.N. Choudhury, learned Sr. Govt. Advocate as well as Mr. S. Ali, learned Public Prosecutor, Assam, we make the following order as agreed upon by the learned Counsel for the parties which we also consider just and proper.

That all aspersions against the petitioner and the members of his family are hereby expunged from the records, reports, judgments, orders and all the petitions. Those shall never be used in connection with any matter/case or proceedings.

2. We speak to the members of the police force, who are in-charge of submission of reports in connection with cases, proceedings or other matters, that they should be slow, circumspect and cautious in making allegations or imputations against responsible persons. No adverse remark, viz., that the members of a party are 'men of desparate character', a common phrase used by the police officers throughout India, should be used unless the police officers find that there are some materials to bear the allegations. Otherwise, they may amount to defamation under Section 500 of the Penal Code. There cannot be any justification in making aspersons of the nature against a person in the absence of any material. Without expressing any final opinion, we feel that such remarks may not be made unless the imputations are substantially true, based on some materials or evidence.

It is true that in the instant case the aspersons which have been recorder in the report of the Opposite Party are a stereotyped submissions which are always quoted in any proceeding under Chapter VIII of the Criminal P. C. We state that such statements should not be recklessly made against educated person or persons having social status as a matter of that against any individual, as it affects 'the human dignity' of the affected persons, which must be safeguarded, as mandated by and under our Constitution. With these observations we dispose of the petition


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