Hamidul Haque Chowdhury vs Khwaja Nuruddin & others
Reference : [1963] 15 DLR
Jurisdiction : East Pakistan (Present Bangladesh)
Plaintiff : Hamidul Haque Chowdhury (Minister, Ministry of Finance, Commerce and Industry)
Defendant :
- Khwaja Nuruddin (The owner of “The Morning News”)
- The Publisher of “The Morning News”
- The Owner of “Jubilee Press”
Note : On that time, the ❝Morning News❞ was printed and prepared at ❝Jubilee Press.❞
This is a prominent Bangladeshi (formerly East Pakistani) case of “Defamation” which is related to “Libel”. There are 2 modes of defamation –
1. Libel
2. Slander
“Libel” is the permanent publication of any false or defamatory statement without legal justification for destroying a person’s reputation. If any defamatory statement is published through photo, cartoon, poster or newspaper it is called “Libel.”
On the other hand, Slander refers a type of defamation that involves a false statement made orally or through spoken words, such as in a conversation, public speech etc.
Facts :
On the date of 17.04.1949, 24.04.1949, 15.05.1949, 22.05.1949 and 29.05.1949, ❝The Morning News❞ reported that the minister of finance, commerce and industry Hamidul Haque Chowdhury was plotting to destroy the economy of Pakistan.
❝The Morning News❞ also reported that the minister Hamidul Haque Chowdhury had caused a loss of Tk. two crore of the country by smuggling more than 60,000 iron barrels and plates. Through that news, The Morning News published allegations of bribery and corruption against the plaintiff. The plaintiff said that this news was false and malicious. The plaintiff also said that the publication of such false news had caused damage to his profession and reputation. Then the plaintiff filed a suit of defamation and claimed Tk. 50,000 as a compensation.
Issue :
Were the defendants liable for defamation (libel)?
Decisions :
Sub-Judge Court :
The Sub-Judge Court announced a judgement in favor of the plaintiff and ordered the defendant to pay Tk. 40,000 as a compensation to the plaintiff.
High Court :
The defendant filled an appeal in the High Court against the judgement of the Sub-Judge Court. Justice Ali and Justice Hasan reduced the compensation from Tk. 40,000 to Tk. 12,500 and they ordered the defendant to give Tk. 12,500 to the plaintiff as a compensation.
Analysis :
In such a case, the plaintiff must prove libel. Additionally, the plaintiff must demonstrate that due to such libel, the plaintiff has been disgraced by conscientious members of society and that the plaintiff’s dignity has been damaged. In this case, the plaintiff was a renowned political leader, and such libelous statements could have ruined the plaintiff’s political career. Considering all these points, the judge found the defendant liable for libel.
Relevant Law :
- Penal Code, 1860
- Section : 500, 501, 502
Author :
1. Fahim Ahmed
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