defamation
AMIT TANEJA
(Querist) 25 June 2009
This query is : Resolved
Ms Roma V. Oriental Television Inc
Dotted with a plethora of small hills covered by thick forests, the district of Phoolwadi attracts tourists from distant places. It provides thrilling scenic beauty and being away from the bustle of modern life, is ideal for holidaying. Small lodges and motels have come up; though restful and comfortable, they are very isolated. Some of these dwellings are deep inside the thick forests. The location and the resulting influx of tourists regularly to Phoolwadi have come as a boon to the professional dacoit Kalikaran. The tourists are easy targets for his typical and daring operations. Kalikarna shot into the lime light when he held Ms Roma, who was recently decorated with the 'Charming Bride India' title at a national beauty contest, captive in suite no. 3 of Triveni Cottages. He was holded up in the cottage along with the hostage. The high drama ended in an operation by the National Commandos at the end of seven days which led to the arrest of Kalikaran. One of the Commandos, who was shot at by Kalikaran, succumbed to his injuries. Kalikaran was convicted and sentenced to death. The death sentence was confirmed by Higher Courts and his mercy petition was rejected.
Being alone in the prison and awaiting death, Kalikarana recounted the 'hostage drama'. He wrote a book giving a detailed account of those seven days, Kalikaran also disclosed how Miss. Roma, during the period of captivity, was drawn towards him and developed a 'fatal attraction'.
A leading television channel, Oriental Television Inc. (OTV) approached Kalikaran for his consent to shoot a serial based on the book. Kalikaran agreed to the request and accordingly after his execution, a popular serial titled "The Bride and the Beast" was shot with look alikes. The serial became a hit particularly among the teenagers.
Aggrieved by the public disclosure, Miss Roma filed a suit against OTV claiming compensation and damages.
what points can be raised in favour of plaintiff
and in favour of defandant
PARTHA P BORBORA
(Expert) 26 June 2009
to constitute an offence of defamation u first prove that the defamatory statements as stated in the book and serial are folse and u must prove that it wan made to lawer the reputation of Roma in the estimation of the public as well as such disclosers were not for public good/ there was no public intarest.
AMIT TANEJA
(Querist) 28 June 2009
WHAT SEC CAN BE CHARGED?
