Calcutta HC: Defamation cannot be filed against the advocate for any statement made in court

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)

Article 21 includes right to a decent burial : Plea in Calcutta HC

Public interest litigation has been filed in Calcutta High Court seeking for directions to hand over the Covid 19 dead bodies to their respective family for burial (Vineeet Ruia v. Principal Secretary & Ors) The petitioner further directs the authorities to strictly follow the guideline issued by Ministry of Health and Family welfare and West Bengal health and welfare department. The petitioner states that guideline have been issued by the health department as well as WHO for crematorium which includes seeing the body for one last time remain on paper and such directions are not followed.

Inter alia, the petitioner has alleged that the dead bodies were not handed over to the family of the victim and were burned in a place called “DHAPA” in a single go. In the PIL it has contended that every deceased person is entitled to decent burial under the ambit of Article 21.

The petitioner prays before the High Court to hand over the dead bodies to the family who have died on account of Covid 19; The PIL also urges that there must be transparency in declaration of Covid 19 cases and district wise list of the same must be published.

Petitioner lastly adds, this would help the government in monitoring and controlling the spreading of the disease.

(By- Siddharth Addy)