Court documents must not be basis for filing defamation cases: HC

MUMBAI: Contents of documents submitted in court cannot be a basis for filing defamation cases, the Bombay high court said on Saturday while striking down the order

MUMBAI: Contents of documents submitted in court cannot be a basis for filing defamation cases, the Bombay high court said on Saturday while striking down the order of a magistrate court to begin proceedings against two people for defamation based on their written statement filed in a civil suit.

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“I do not find that the contents of written statement (filed in court in response to a suit) could be said to be an action of defamation under section 499 of the Indian Penal Code,” said Justice Ravindra Ghuge while striking down criminal proceedings against advocates Mohanrao Arlikar and his son Manoj.

The two had approached the high court after a judicial magistrate at Biloli in Nanded district initiated proceedings against them for defamation ten years ago – in June 2006.

The criminal proceedings were initiated against the lawyers on the basis of a complaint lodged by Chandrapakash Kulkarni.

The complaint was based on a written statement filed by the lawyers on behalf of their clients, who were parties to a civil suit filed by the complainant. The written statement was signed by the four clients and also verified by them that its contents were true and correct.

Justice Ghuge said the act of defamation, as defined under section 499 of the Indian Penal Code, would be said to be committed when the accused by words, spoken or written or by gestures, makes or publishes any imputation intending to harm reputation of the complainant.

The judge noted that contents of the written statement filed by the father-son duo on behalf of their clients were restricted to the parties to the suit, and could not be said to be published and therefore did not constitute an act of defamation.

The judge said if proceedings for defamation cannot be initiated against the accused, who have purportedly written the imputations, proceedings cannot also be initiated against their lawyer who drafted the statement on their instructions, and submit it in court.