Law of Defamation prescribes several exceptions.

Even if some statements may be defamatory, that will not amount to defamation ipso facto in certain circumstances.

POWER TO SERVE QUESTIONNAIRE / INTERROGATORIES

If Suit for Defamation is filed, the parties have rights to serve Questionnaire on other side and court can ask other side to reply on affidavit/oath.

Party can also ask other side to produce a list of documents for inspection or copies thereof.

If otherside refuses to answer, the case goes against that party.

POSSIBLE DEFENSES

1) The Statement was made in public good.

2) It was fair criticism done after due inquiry, proper care and in bonafide.

3) Statement was made to warn public.

4) etc. Etc. List is long. Sec.500 of IPC lists such exceptions.

The mere a statement is defamatory is by itself no defamation.

Haresh Raichura
22/10/2012

(Please take lawyer’s advice. This article is not legal advice)

Supreme Court has empowered citizens to file cases against public servants in criminal court without waiting for permission from Govt.

The Supreme Court Judgement in Case of Dr. Subramanian Swamy versus Dr. Man Mohan Singh and others came, on 31st January, 2012

It said two things:

1) Any Citizen can file a Private Complaint against any Public Servant for charges of corruption in nearest Court.

2) No sanction needed when court registers it as a Complaint Case and Directs its Investigation of Corruption Charges by Higher Officers.

Judge cannot ask “How can you file a complaint? He never asked any bribe from you. How can I accept your Compliant? What right you have to file this complaint?

Every citizen has right to file complaints which will be directed by court to police to investigate and report to court.

THE MORAL

Any activist can file complaints in courts against public servants. No sanction needed at this stage.

Haresh Raichura

22/10/2012