The Karnataka High Court has ruled that courts in Bengaluru hold jurisdiction over the defamation case filed by the family of late singer Manna Dey. The case concerns restrictions on the circulation of a Bengali book about the singer. Justice HP Sandesh overturned a trial court’s dismissal, which had previously claimed that the book’s publication in West Bengal did not establish jurisdiction in Bengaluru.
The case, filed by Manna Dey’s daughter Shumita Deb and her husband, sought to stop the reproduction and distribution of allegedly defamatory content about the singer in the book Taradar Shesh Chitthi and an article in Anand Bazaar Patrika. The plaintiffs argued that the content of these publications, which they claimed falsely portrayed Manna Dey’s personal life, was meant to humiliate and damage his reputation. They sought an injunction and compensation, including Rs 10 lakh and Rs 25 lakh in damages.
The trial court had dismissed the case, citing that the alleged defamation did not occur within Bengaluru’s jurisdiction. However, the High Court pointed out that the book was sold in Bengaluru and was accessible online, affecting local readers and leading to discussions about the defamation. Citing Section 19 of the Civil Procedure Code (CPC), the High Court emphasized that the jurisdiction for filing such a suit can be chosen by the plaintiff when the wrong has occurred in one jurisdiction and the defendant resides or operates in another.
The High Court’s decision allows the defamation case to proceed in Bengaluru, acknowledging the impact the defamatory content had locally. The appeal was granted, and the trial court was instructed to hear the case based on its merits.
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