Case Title: Dr. Sima Banerjee vs. Dr. Barnali Chattopadhyay
Case No.: CRR 922 of 2022
Dated on: May 02, 2024
Quorum: Hon’ble J. Shampa Dutt (Paul)
Facts of the Case:
Dr. Sima Banerjee, the petitioner, was appointed as the Principal of Hooghly Women’s College in 2015. She was accused by Dr. Barnali Chattopadhyay, the Opposite Party, of spreading false rumours and making derogatory remarks about her in a public interview in 2018. The accusations stemmed from tensions between the petitioner and the Students’ Union, which opposed her appointment. The petitioner had previously filed a defamation case against a student who had falsely accused her of misconduct. The High Court of Calcutta quashed the proceedings against the petitioner, citing lack of evidence to support the defamation charges.
Issues framed by the Court:
- Whether the allegations made against the petitioner constitute the offense of defamation under Sections 499/500 of the Indian Penal Code?
- Whether the statements made by the petitioner fall under any of the exceptions provided in Section 499 of the Indian Penal Code?
- Whether the proceedings initiated against the petitioner should be quashed based on the absence of ingredients required to constitute the alleged offenses?
- Whether the actions of the petitioner were in accordance with professional standards expected from college teachers, considering the hostile atmosphere in the educational institution?
- Whether the petitioner’s statements made in an interview come within the ambit of the ninth exception under Section 499 IPC, thereby absolving the petitioner from the alleged offenses?
- Whether the petitioner’s petition for quashing the proceedings should be allowed?
Legal Provisions:
Section 499 of IPC: Deals with defamation in either oral or written format in order to harm the reputation of a person.
Section 500 of IPC: Punishment for defamation.
Contentions of the Appellant:
The contention of the appellant, Dr. Sima Banerjee, is that she has been falsely implicated in a criminal case by Dr. Barnali Chattopadhyay, the opposite party. She argues that the allegations against her are baseless and motivated by political influence. Further, she claims that the complaints made against her are in retaliation to a previous case that she filed against an influential member of the Students’ Union. Moreover, Dr. Banerjee asserts that her statements, which are the subject of the defamation case, fall under the ninth exception of Section 499 of the Indian Penal Code, as they were made in good faith for the protection of her own interests or for the public good. Consequently, she seeks the quashing of the proceedings against her.
Contentions of the Respondent:
The main contention of the respondent, Dr. Barnali Chattopadhyay is that she was being defamed by the appellant, herein Dr. Sima, who made certain dishonest and derogatory statements in the public forum against her, that was specifically aired on television. Further, she claimed that these statements were made with an intention to cause harm to her reputation. It was argued that the actions of the appellant do constitute the commission of the act prescribed under Sections 499/500 of the Indian Penal Code.
Court’s Analysis and Judgment:
Upon the analysis of the case herein between the aforementioned parties it was determined that the petitioner, Dr. Sima, was accused of making false and derogatory statements about Dr. Barnali in a public interview. However, the court found that the statements made by Dr. Sima fell under the ninth exception of Section 499 of the Indian Penal Code, which safeguards the statements made in good faith for the protection of the interests of the person making it, or for the public good. Therefore, the court allowed the revision and quashed the proceedings against Dr. Sima Banerjee, concluding that the ingredients required to constitute the offenses alleged were absent.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Judgement Reviewed by- Shramana Sengupta
