Lawstreet Journal

Calcutta High Court on Babul Supriyo remark against Mahua Moitra: "Prima Facie Humiliated the Dignity and Honor of a Women, Later Cannot Take the Defense of Freedom of Speech and Expression Under Article 19(1)(a) Constitution of India, 1950" [READ JUDGMENT]

Lawstreet Journal 16 Oct 2020 9:38pm

Image courtesy: Lawstreet Journal Judiciary Calcutta High Court on Babul Supriyo remark against Mahua Moitra: "Prima Facie Humiliated the Dignity and Honor of a Women, Later Cannot Take the Defense of Freedom of Speech and Expression Under Article 19(1)(a) Constitution of India, 1950" [READ JUDGMENT]

The Calcutta High Court has quashed the criminal proceeding against BJP MP and Union Minister Babul Supriyo in the criminal defamation case by TMC politician Mahua Moitra. The criminal proceeding was quashed on the technical ground that police could not have registered the FIR for the offence under Section 499 / 500 of Indian penal Code, 1860 as the offence is a non-cognizable offence. In the meanwhile, the High Court took exceptions to the remark of Babul Supriyo and observed that his utterance against Mahua Moitra was defamatory within the meaning of Section 499 Indian Penal Code, 1860. Section 500 Indian Penal Code, 1860 provides punishment for defamation is simple imprisonment for a term which may extend to 2years or fine or with both. 

The subject matter of the case was that the comment made by Babul Supriyo against Mahua Moitra (then an MLA in West Bengal Assembly) in a national debate organizer by NDTV 24×7 on January 3, 2017. The comment was derogatory eluding of the intoxicating liquor called Mahua which is drunk in many tribal areas in India. Babul Supriyo made this remark at the flag end of the program. 

A single bench of Justice Bibek Chaudhari, prima facie, observed that such comments humiliated the dignity and honor of a woman. The bench also said the Supriyo violated his constitutional oath as an MP since it is a constitutional mandate to protect the dignity of women. 

 

" It is the Constitutional mandates under Fundamental Right, Fundamental Duties and Directive Principles of… Continue Reading...


Tagged: Mahua Moitra  
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