False Case in India- Defamatory Statements in case pleadings- Can you file criminal/civil cases for Defamation?

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My prima facie view is yes. But nature of Defamatory statements made in case papers need to be checked, examined.

There are four aspects:

1) One law of Defamation says that it will not be defamation what may be written in Court Orders or Proceedings.

But this does not protect what is written in case papers. If someone files a case and in that case, if defamatory baseless statements are made, they are not protected.

2) There is also a counter proposition. It is not defamation if you say something about a person to his superior authority who has powers to take actions against that person.

3) There is a third aspect also. If something objectionable is written in any case, every court can direct that such paragraphs be deleted from the case.

4) There is also a fourth aspect.

Now courts have started imposing fines on persons who may be misusing or abusing court processes.

One can make an application to concerned court to impose fine on person who has abused process of court, by giving details of such abuse. ( Frankly speaking, one of my own client is recently fined Rs,1 Lakh as the SC judges felt that he was abusing process of court by filing false cases)

Legal Profession is an Art.

Every lawyer’s advice can be different than every other lawyer’s advice. The decision as to which legal remedy should be pursued, depends on facts situation, willingness and affordability of parties etc.

Your family lawyer is best suited to give you advice.

Haresh Raichura
15/2/2013

An Interesting Argument in a Rape Case in SC- Purely for those who want to understand process of Law

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The purpose of this post is not to influence any pending case. Idea is only to educate people about how the process of law and arguments work at Supreme Court level.

A woman, mother of a child, complained that 3 days ago, accused raped her.

She suffered injury on private parts and also on thigh.

She said she went home. She washed her salwar which contained seaman stains.

Then she went to doctor who made dressing on thigh injury. After consulting husband, she filed complaint after 3 days.

In Court, Doctor said, injury on thigh could have been one month old also. He also said that injury on private parts could be ten days ago also.

Accused said that due to some some land dispute, he had not paid some amount to Husband, therefore this false case is filed. He is totally innocent.

Trial Court rejected vacillating statement of Doctor and and also disbelieved story of enmity put up by accused and convicted accused and sent him to jail.

Accused appealed to High Court.

High Court said there were no stain of seaman on salwar and evidence of Doctor was not clear. Doctor at one placed said one finger could go in private part and at other place says two finger. Therefore HC gave benefit of doubt and acquitted accused.

State filed appeal in SC. SC asked accused why HC order should not be set aside and why he should not be convicted and sent to jail.

Counsel of accused strongly argued that this is false case. Injuries on thigh could have been one month old. Since she was a married woman, injuries on private part could have been done by husband also.

Now, SC Judge flared up in anger and told counsel that this is not the way to argue in Supreme Court.

We see ring of truth in statement given by woman. Do not argue flimsy and technical grounds.

Try to satisfy us why this woman should be disbelieved when she herself says that she went home and washed her salwar.

Forget all discrepancies in Doctor’s evidence. Argue like a Supreme Court advocate.

The case adjourned.

I repeat. The object of this post is to educate layman about how we try to separate truth from falsehood. I have no intention to influence any case. Therefore no names, no case details are disclosed here. Name of judge is also not mentioned here.

Haresh Raichura
14/2/2013