The judge, however, reprimanded Mr. Supriyo for making the comments (File)
Calcutta:
The Calcutta High Court on Wednesday dismissed an indictment filed by Calcutta police against Union Minister Babul Supriyo for allegedly trying to outrage the modesty of Mohua Moitra, a TMC MP in 2017, arguing that no such offense had been committed by the accused.
The court noted, however, that Mr. Supriyo had indeed asked Ms. Moitra, now a member of TMC Lok Sabha, during a televised debate whether she was intoxicated, a comment he deemed “defamatory”.
Judge Bibek Chaudhuri granted Ms Moitra the freedom to bring legal action against Mr Supriyo, Defense Ministry of Heavy Industries and State-owned Enterprises, for alleged libel.
Justice Chaudhuri argued that the charge sheet does not disclose any offense under section 509 (word, gesture or act to insult a woman’s modesty) of the IPC against the accused.
He said the allegations made in the FIR constitute an unidentifiable offense under Article 500 (defamation) of the Code of Criminal Procedure and that no police officer can investigate such cases without an order from a magistrate for this purpose.
The judge, however, reprimanded Mr. Supriyo, noting: “By making such a defamatory statement to a woman, the applicant, prima facie, not only humiliated the dignity and honor of a woman, but also violated her constitutional oath. “
“A representative of the people is expected to be courteous in his behavior, dignified in his manners and careful in the words he speaks,” observed the judge, granting Ms. Moitra the freedom to act against the Minister before an appropriate forum.
Mr Moitra, who was elected MP for Lok Sabha in 2019, had filed an FIR against Mr Supriyo, alleging he made comments that amounted to scandalizing his modesty during a debate on a national television station in 2017.
Justice Chaudhuri noted that both were timely elected public representatives and spokespersons for the general masses of the country.
“It is the constitutional mandate under the fundamental rights, fundamental duties and guiding principles of state policy that the dignity of women must be protected and the freedom of speech and expression enshrined in Article 19 (1) (a) is subject to reasonable restrictions and one of these restrictions is a criminal defamation provision ”, he observed.
