An unprecedented case for criminal defamation (under IPC Section 500) filed against retired Calcutta High Court justice, Gora Chand Dey, was dismissed by the lower Bankshall court in Kolkata on Wednesday (Aug. 10). PBT President, Dr. Kunal Saha, filed this defamation suit against the retired judge who acquitted in 2004, while sitting as a high court judge in Kolkata, all doctors accused for causing wrongful death of his wife, Anuradha Saha. However, on August 7, 2009, Supreme Court held all doctors exonerated by justice G.C. Dey responsible for causing Anuradha’s death. Although the Apex Court dismissed the “criminal negligence” case against the doctors on the sole ground of “cumulative negligence”, Supreme Court made scathing criticism of the comments made by justice G.C. Dey.
In the HC judgment, while exonerating the three accused Kolkata doctors, justice G.C. Dey had suggested that it was Dr. Saha who was actually responsible for his wife’s death. The retired judge had further indicated that the cases filed by Dr. Saha was perhaps aimed at bringing insurance companies from USA to the soil of India. The Apex Court also categorically criticized the comments made by the retired Kolkata High Court judge based on which Dr. Saha filed the criminal defamation case against the retired judge (see the petition below). Dr. Saha has vouched to move all the way to the Supreme Court to seek justice in this matter. In the mean time, the final judgment for compensation in Anuradha Saha’s death case is expected to be delivered any time by the National Consumer Forum (NCDRC) in New Delhi.