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Historic Development In Anuradha Case: Calcutta High Court Notice Ex-High Court Judge For “Criminal Defamation”

In a major development perhaps for the first time in Indian legal history, Calcutta High Court today (Jan. 9) has issued notice to a retired Calcutta High Court Judge, Gora Chand Dey, for “criminal defamation” under Section 500 of Indian Penal Code (IPC). While acquitting three Kolkata doctors (Sukumar Mukherjee, Baidyanath Halder and late Abani Roychowdhury) in 2004 who were responsible for the wrongful death of Anuradha Saha, Justice Dey, then a Calcuta High Court judge, made highly defamatory comments in his judgment against Anuradha’s husband and PBT president Dr. Kunal Saha. Justice Dey directly blamed Dr. Saha for his wife’s death and suggested that Dr. Saha filed the case against the Kolkata doctors with a sinister motive to bring American medical insurances to Indian soil. These observations by Justice Dey were highly publicized and widely reported by the news media in 2004. The Supreme Court later held the Kolkata doctors and AMRI Hospital in Kolkata guilty for Anuradha’s death and made scathing criticism of the observations made by the High Court in a historic judgment on August 7, 2009 following which Dr. Saha moved a criminal case before the trial court in Kolkata for “criminal defamation” under IPC Section 500 against Justice Dey. After the lower court in Kolkata dismissed the criminal application earlier last year, Dr. Saha moved the Calcutta High Court with a criminal revision petition (see copy below). Dr. Saha personally argued this matter before Justice Mr. Aniruddha Bose of Calcutta High Court on December 22, 2011 when Dr. Saha was in India. Justice Mr. Bose has admitted this case today and issued notice to Retd. Justice Mr. Dey. The case has been fixed for further hearing on January 30, 2012 (see news below)

Sify News (Jan. 9, 2012)

Telegraph (Jan 10, 2012)

News (Jan 10, 2012) Kerala

News (Dainik Jagaran) Jan 10, 2012

News (Prabhat Khabor) Jan 10, 2012

Criminal Appeal HC (CRR 2755-2011)

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