The matter was heard by Justice Debagnsu Basak; while dismissing the petition of civil defamation the Hon’ble Court held that in absence of any law governing civil defamation proceeding in India; the comman English principle of “Absolute Privilege” will be followed in case of Judicial or Quasi Judicial Proceedings.    

The ruling was passed while relying on the judgment passed by the Calcutta High Court earlier in case of Satish Chandra Chakraborty v. Ram Dayal De; Placing Ratio decidendi on this order the Hon’ble Court opined “if at all litigant is to be proceeded against perjury or defamation such action will be taken by the court itself ensuring appropriate measure”

(By- Siddharth Addy)