904-NMS-1220-15-F4.DOC special right or privilege in civil law, and I am mindful of the fact that while the Defendants have attempted to place this in the context of a fundamental right to freedom of expression and Constitutional guarantees, that is not my direct remit in a civil suit, though Courts seem to have often juxtaposed the two concerns. If the imputation or the conclusion remains unwarranted by the facts, it cannot be fair comment. The Defendants must show, to claim a qualified privilege, that they had some duty public or private, legal, moral or social to their intended audience. They must show they had a duty to convey the information. They must also show that the information that they conveyed was published in the context of this moral, social or other duty, public or private, and that it was relevant or pertinent to that duty and not completely alien to it. If there is no discernible nexus between what is stated and what is intended or what is now claimed to have been intended, the action must succeed. This is true whether or not the target audience is a select niche audience or the public at large. Dr. Tulzapurkar also refers to a Division Bench decision of the Calcutta High Court in Tushar Kanti Ghose v Bina Bhowmick6 to much the same effect and most importantly saying that fair comment is not the private preserve of newspapers but is a right of other citizens and persons in the country. 14. In Shree Maheshwar Hydel Power Corporation Ltd. v Chitroopa Palit & Anr.,7 a learned Single Judge of this Court 8 was concerned with an expression said to be defamatory and contained in a press note issued in some newspapers. This related to the Narmada River 6 7 8 57 CWN 378 2004 Vol. 106(1) Bom.L.R. 186 S. Radhakrishnan J, as he then was 13 of 30 ::: Uploaded on - 10/09/2015 ::: Downloaded on - 03/02/2020 18:08:37 :::