False defamation suit filed

Shahid (Querist) 13 December 2015 This query is : Resolved
I am a RTI Activist and Anti-Corruption Crusader. A college dean who wants activists to be quiet and not expose his corruption has resorted to wrong methods.

I had a blog which is not in action now, in which I had mentioned how the post of a mad person, buffoon, etc in year 2012. Now he has filed a Civi. l Suit claiming Rs. 15 crore for libel for things written 4 years ago and is a method of harrassment and to keep activists. He has questioned about my buying the house and my profession, which is not related to the case. This is mere harrassment.

I am told that any civil suit for libel or publication has to be within 1 year period, and the mention by him is of 4 years ago. I am immobile person now, a cancer, heart by pass surgery, loss of sight, both limbs amputed, and apart my son is also disabled and had two renal failures. This is all causing me agony. I cannot walk too, and can do so for few meters thru prosthetic (artifical limbs) and cannot go to court also.

The suit has been filed in a local Civil Court of Civil Judge. I have plenty of evidence to prove him wrong and false. The suit is filed in Marathi. I have put in a lawyer. But the question is how after 4 years he is awakeing to file this civil suit for damages, and that too for such a amount.

The complainant, has filed a civil suit and has not even sought prior government permission as required by rules or informed the government.

This false and fabricated suit is causing lot of stress when my health is bad. Please advise how to counter this person.

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Guest (Expert) 13 December 2015
It is correct that damages under defamation suit can be filed within 1 year form date of such publishing ( which includes even telling a third party verbally).

The suit filed is not valid due to limitation period. So relax!

Damages suit succeeds only and only when
1. There is concrete proof as to publishing your adverse and damaging comments in media or third parties written or verbal

2.he has to put court fee with suit for claimed amount

3.Damages are caused when you are telling something that is not fact or truth or not in genuine public interest

4. The allegations cause person to be lowered in self esteem and lose respect and earn hatred and contempt in eyes of target audience.

5. The amount of damage are not easy to calculate. A dean of some college can never claim this much amount . This is ridiculous.In India he wont get even Rs 1 lac.

So just forget and put your kidneys to rest.

Guest (Expert) 13 December 2015
In addition look into whistle blowers act if applicable in your state.

If you can prove that you had no personal grudge , no rivalry or benefit form such allegation and you did not fabricate the facts, nothing will happen to you.

In India the plaintiff has to prove the charges not the defendant.

Shahid (Querist) 14 December 2015
Thanks Sir Dr. Rajednra gupta,. A little clarification. The Dean has referred to some references that were in my blog published in June 2012. So how can he raise an issue which is outside limitation?

Secondly he has paid the court fees amounting to Rs. 3 lakhs for a suit of Rs. 15 crore against the publisher, managing director, editor, and reporter of a reputed English newspaper publication group, and included me also in it.

As per law he has also not taken the prior permission of the goverment or informed the govt as per the Maharashtra Civil Services Rules 1963.

All that he has mentioned is more of the other 5 defendents of the publicaiton, that too is vague, and me the 6th. This he has done to silence and curb our freedom of speech.

He has requested the court prohibit all of us from reporting and writing about the college and about him till the court decides the matter. This way he wants to buy time and gag us.

This he is doing as he is one of the candidate for a Vice Chancellor post. he feels that if adverse report is about him, then he may lose the race.

His claim for Rs. 15 crore is mind boggling. Never heard of such an big amount.

Please give your valuable advise.

Guest (Expert) 14 December 2015
I have written in detail. His case is out of limitation period. There are magazines etc involved so why you bother .Sit in boat and let editor sail it.These are very difficult to prove. if there is truth in your publication he cant do a damn. Since you have written about a university department it is public interest element. I amy ask for moon. So what? Damages areaarded by certain pinicopels. Look in India trial courts are dumb and blind. (remember kali patti on eye). Any one can start a case by affixing rs 10 stamp. Once issues are framed trial starts. Court considers things at end. Meanwhile move application to court that suit is inadmissible due to limitation period and hence may be dismissed in beginning. Your learned advocate will do all this. he knows all matters well. Discuss with him. I cant understand when magazines are involved why you are taking heat on your shoulders? Just stick to facts and truth.

Court is unlikely to give stay to write anything in future as it tantamount to abuse of court process. You write any wrong things happening in college boldly but after research. Don't do it with malicious intentions just to degrade the Dean.
If he is doing wrong expose him.

Guest (Expert) 14 December 2015
Send us details . we shall take up as NGO if anything wrong is going on.You should also use RTI to get information. Is it public or private institution?

Guest (Expert) 14 December 2015
By calling some one buffoon or mad person damages don't occur. That way lalloo yadav would have filed atleast 1000 cases.

Guest (Expert) 14 December 2015
But dont call personal names. Dont make personal insults. Just show his involvement , bad management,corruption, conspiracy and other problems.For example you are exposing a lady principal of a college. You should not call her a prostitute or harlot in your article. that is defamation and uncivilized too you would agree.
Can you send me copy of your blog for closer scrutiny..

Shahid (Querist) 14 December 2015
Thanks once again Dr. Rajendra Gupta.

I am one of the RTI founder and if you google my name you will find all about me.

I do not work for the newspaper with whom I am tagged. I have nothing to do with them. For several years I have been fighting against corruption in the state run medical college and hodpital. More since this dean was wrongly appointed. The story isvery long. The media has been writing about him since 2011. I hadwritten thousands of emails to Govetnor, Chief Minister, Ministers,chief secretary, secretary of medical department, collector, etc. But sincehehas political masters to give him support, nothing happenedto him.

what I wrote in my blog was in year 2012 and he has raised that aftet almost 4 years. Therefore that definetely is out of limitation period. And I have told this to my lawyer friend. Your advise is very perfect to seek dissmissal on this issue.

His motive is to harrass. He complained to the police in july 2015, and the police aftet investigation informed him that they did not find anything wrong with us and asked him to approach court. They filed the complaint. He wrote to secretary 8 months ago, and the govt took no notice of his complaint.

I have been in local, regional, national and international journalism for 45 years, and had the honor to be the onlyIndian journalist in Gulf War. This case is first ever which is frivelious one. I am not scared but for my health conditions and immobility to move.

Since I cannot reveal much on this public platform hete on board, please send me your email and mobile number so that i can talk of the issue in private. My email id is whistleblower786@ gmail.com

Thanks and warm regards.

Sudhir Kumar, Advocate (Expert) 15 December 2015
there cannot be any action for defamation as long as your comments "bafoon" "mad man" can be proved correct on the basis of evidence.

K.S.Srinivas (Expert) 17 December 2015
As Expert Dr.Rajendra K Gupta had given comprehensive reply, I do not have any scope to add anything.

Sudhir Kumar, Advocate (Expert) 17 December 2015
You said

"As per law he has also not taken the prior permission of the goverment or informed the govt as per the Maharashtra Civil Services Rules 1963. "

Such action on his part can expose him to disciplinary action.

But this does not make the suit illegal.

Sudhir Kumar, Advocate (Expert) 17 December 2015
you said

"He has requested the court prohibit all of us from reporting and writing about the college and about him till the court decides the matter. This way he wants to buy time and gag us."

He has no such right.

His rights are limited to the material already published by you.

Your defence lies in proving that your comments "bafoon" "mad man" are true. Or else he succeeds in his case.

Shahid (Querist) 17 December 2015
Thanks Mr. Sudhir Kumar. Dr. RK Gupta has understood and also explained. The root point is that what was published in my blog was in June 2012 almost 4 years now which is beyond the Limitation period of 1 year.

T. Kalaiselvan, Advocate (Expert) 23 December 2015
The suit is no doubt barred by limitation which should have been filed within two years from the date of reported incidence however, he may claim that he came to the knowledge of such an event or news only as recently as now.
He may take a shield under that provision.
Before filing the suit he should have issued a legal notice to you demanding your explanation and compliance, the suit can be liable to be dismissed even for this defect.
You may file a strong written statement denying all allegations and seek for dismissal.

Shahid (Querist) 23 December 2015
Thanks Mr.Kalaiselvan. the limitation period as I read and many experts explained is 1 year and not 2 years. Its strange if the petson holding on to the post of a college dean for almost 5 years say he came to know now when the blogposts he refers is 4 years old and he is in receippt of it for years. I agree with the advise of Dr. RK Gupta and his brief on the issue. What about us getting harrassed by him. He can shell any amount of money but we cannot. Thats the reason some one suggested to approach pro Bono lawyers.

Guest (Expert) 23 December 2015
BY money he cant do a damn in civil jurisdiction. of course in criminal law he can do damage and that too temporary
Just dont bother and put your heart at rest.

Guest (Expert) 23 December 2015
Mr Sahid more than you your publisher has to worry , I mean blog owner. Does that article still exit on blog?
It is too late for filing complaint for damages and defamation now.Both civil and criminal limitations are over. Secondly such remarks hardly have any meaning and where is question of crores of damages? All this is ridiculous

Shahid (Querist) 23 December 2015
Sir Mr. RK Gupta,

Thanks once again. It is my blog. The refetences of words mad dean, buffoon, etc was words that was in my blog because the Dean of the Govt Medical College was doing all wrong things.This was in my blog in June 2012.

He was selected from 1 arm affected quota for the Dean post which is known as OAA for which he should have disability of 40 percent and above. He managed to get combined disability certificate first from his medical college where he is a dean of 55 percent. When me and othet media raised this discrepancy, he was referred to a Central govt hospital, where he managed to get disability certificate of 42 percent. I then asked the central govt hospital to give the breakdown of his disabilities under RTI- to which it was stated that he had only 18 percent disability in his one arm and not 40 percent which was needed. This is known as monoperisis in medical term. This was cheating the govt and othet selection committee.

I raised this thru RTI with the Medical Council of India after filing the RTI in 2012. The issue went int Second Appeal and hearing was held twice at great length by Central Information Commissioner in January and February 2015 via video confetencing in which the Information Commission pulled up the PIO and stated in the judgement that issue was serious and asked the President of MCI to look into it. The Commission wad surpriaed as to how the dean who claimed to be a disabled had normal driving license and was driving Car and Bike?

The MCI President then ordeted a inquiry. Two inquiry officers both Medical Supdts opted out on vague grounds and finally a third inquiry officer held the on spot inquiry and gave report. The MCI Ethics Committee in May 2015 held inquiry against the dean and 5 of his associate doctors. Now they will be holding a hearing with me via video conferencing on 6 January 2016.

We were fighting against his alleged corruption, financial and administrative irregularities since 2011 in overall public interest and all our evidences were based on govt documents. Lately even 2 legislators had questioned about his lavish chammberat 50 lakhs rupees in the State Legislature, and the Minister had promised probe in the Assembly.

RTI activists and media has been continiously publishing the wrong he was doing. A RTI activist even wrote to Governor, Chief Minister, the police conmissioner, the collector and several others how the dean has sent goons to his house in May 2015 to eliminate him and threatened him. The police had recorded his statement.

To silence the RTI activists including me, he filed a police complaint without petmission of the govt. The police investigated the matter in July 2015 and replied to him that thete was no substance in his complaint and that he should approach court and that they wete dismissing of his complaint.

A prestigious tabloid Englisg daily was publishing stories about him based on evidences. He was tokd to file criminal and civil suit of defamation against the newspaper in which he also included me. He filed a civil defamation suit against 4 of the newspaper officials and against me demanding 15 crore as damages as he suffeted loss of prestige and mental agony. He paid Rs.3 lakh as court fees for the suit.

His colleagues told us that since he was a candidate for a Vice Chancellor post, and any complaint against him will ruin his chances, he wanted the media and me to be stopped from writing about him and the institution.

He has political patronage, and he threatens people based on this. I had my self be writing to central and state ministers and secretaries about the dean irregularities from 2011 but none have taken cognizance. Even his complaint to his department has not been taken into consideration.

The dean frustrated has filed private complaint without seeking government permisdion as required undrt the state service rules. Neithet the govt had ever instructed him to file complaint against anyone. He is becoming a lae into himself and basef on hid contact and money power, he is trying to bully.

His lawyer in the suit has made all vague and baseless allegations. Lawyers say his case is very wrak and court will throw it out. I am upset not scared, because I am disabled as both my limbs are amputed, am heart patient with by pass surgery,walk with difficulty with prosthetics,am severe diabetic patient, with cataract in both eyes, has a only disabled son with both kidney failure, and above retired at 63 years of age.

With all above, I still had the detetmination to fight against corrupt and corruotion, and have written thousands of letter to govt officials in public interest. I never lied and am proud to be honest and truthful.

The best is that the very insitution of which he is the dean, had honored me on several Occassion till 2011, called me for lectures on RTI and gifted me. Only 2 months ago the competent authority gave me a highly appeciatation lettet and anothet dean of a famous govt college also gave me a lettet of appreciation. Do how come I am bad man?

The afvocate of the fean had filed the suit in Marathi language in Civil Cour Senior Division batch. This is the brief Sir.

Thanks and regards.

Guest (Expert) 23 December 2015
What you have written is okay. But what exactly charges you put on him which tantamount to defamation. See telling some one buffoon does not make it defamation and damages . That way lalloo Prasad and Rahul Gandhi (Pappu) would have filed at least 10000 cases in various courts.

Defamation occurs when you publish factually wrong and imaginary incidents about his activities or character that do not actually exist , are un-verifiable and there is underlying motive to do so for example business rivalry or some vengeance base don past or presence.

Secondly the specific accusations should be such that they lower the dignity and prestige of persons demeaning his character such that the target audience and his friends,relatives and colleagues hate and avoid him or think of him as man lacking character.

Once this is established the amount of damages have to be calculated. In my opinion this guy is not worth 10 lacs forget 10 crores.

Mostly these cases end in no result.

Is this blog still existing or you have removed it. Can it be traced and verified.

I fail to understand when you have so many medical problems why you are taking enmity with others.?

If what you said above is correct and verifiable , it is hardly a case in favor of dean.

Shahid (Querist) 23 December 2015
Dr.RK Gupta. Thanks.
1. Issue of words writtenin my blog
is of June 2012 -- 4 years ago. Limitation of 1 year applies here.

2. Yes. The 2012 blog and all my blogs are in place. I have not removed it, because I do not think it would be wrong to do so. Its not in my nature. I neer did such a thing i my 45 years journalistic career.

3. Its not a case of enemity, its a issue of public intetest. Corruption and corrupt officials. If battling against corruption and corrupt officials can be enemity, than there would be no good people to think of corruption and corrupt. Who will take such people on? However, disability may create some hurdles but there are a few good people also to help in one way or other. This is going to be my last battle perhaps. People like me need motivation, support, guidance and assistance to fight against evil.

My lawyer said he will prepare appropriate reply, and so have the lawyer for the publication

He has asked for 15 not 10 crores.

Your blessings and wishes is needed

Thanks once again.

T. Kalaiselvan, Advocate (Expert) 24 December 2015
Dear Mr. Shahid, What you have posted in your log can be deemed to have been done in a good faith, hence this may not fall within the ambit of defamation neither there can be any inference drawn as imputation. Go ahead with your services for the human kind.

Guest (Expert) 24 December 2015
if your blog is based on pubic interest, absence of any rivalry or malice and is based on investigation , just relax.
I want moon , so what? You should keep your fight and ensure that that idiot does not get appointed as VC. If such filth accumulates at top of power structure country will go to dogs.

Shahid (Querist) 28 December 2015
Thanks I think my lawyer will file application for dismissal and focus on limitation which applies.

Guest (Expert) 28 December 2015
You cant ask a civil court to just dismiss any case at will. It can be dismissed either requisite court fee not pasted, limitation bar or dismissed in default if plaintiff does not appear. There is no other way. Once started a case has to proceed as per laid down trial process in civil procedure code as explained in detailed order of Js Lahoti of Supreme court

Shahid (Querist) 28 December 2015
As Advocate Kalavian stated, it should be brought to the notice of the court that the allegations are baseless and time barred and be dismissed. Well, Dr. RK Gupta what you mention may also be correct, but then an innocent person can be undergoing sufferings for no reason just because the opponent wants to trouble him by long ligitation for no reason and a false defamation. The court would certainly look into the limitation point too.

Guest (Expert) 28 December 2015
Shahid ji in light humor these are called trial courts so if they dont do trail they wont remain trial courts and will become High court. If you want immediate result petition high court on this. Even in limitation, many courts do the trial and then dismiss both on point of law and merits.he he! I and you cant help. That is how judicial system works.
Why are you so much disturbed when you know by now opinion of so many senior experts that this appears to be baseless case. You have appointed lawyer. Now just relax. You keep doing your good work , like Kejriwal .

Shahid (Querist) 28 December 2015
Dr. RK Gupta, Sir, I am more relaxed after your opinions. I will now relax and follow your advise and your opinions.

Thanks so much once again. And also thanks to other experts who also concurred with you and gave their opinions

Shahid (Querist) 02 February 2016
Its tareek par tareek. What is the time limit for filing defense reply?

Shahid (Querist) 21 May 2016
I was not well and away for some months.Foremost I would like to thank Dr. RK Gupta and others, who answered my queries. Anyhow even now after 8 months the special civil defamation suit is in state of tareek par tareek state.

Now the opponent has come with a new strategy to cause me more harrassment as if the civil defamation suit for Rs. 15 crore damages to his reputation was not enough.

He has last week filed a criminal defamation suit in Court of Judicial Magistrate First Class (JMFC) under Section 499,500,501, 502, 268, 290, 120/34 Press regulation of books act under Section 14 and 15.

The charges are as vague as in the Civil defamation suit. It is filed against Editor,Printer, Publisher, Reporter, and Chairman of Times of India. I'm the 6th who is not related to Times of India, but a free lance journalist and RTI Activist.

I received a summons yesterday from the police officer asking me to be present before him on Sunday, to give my detail statement on the case. The police officer a nice person, said that he is investigating the private case sent by the court under Section 202 of CrPc.

As Dr.Gupta knows the Special Civil Defamation Csse was time barred and vague. The opponent has enough wealth to spend on the legal proceedings to harass me along with others.

The present investigating officer said he knew that his superior who had investigated a complaint by the opponent,9 months earlier, had filed it informing the opponent that he had investigated his complaint and found no substance to take any action and that he was fling the complaint and the the opponent should approach the court for any relief. Therefore the opponent had gone in the court but after a very long time.

I do not know how to go along with this issue. The govt is not interested to take any action against him as the opponent has both money bags and connection with powerful politicians. Difficult to handle 2 false cases. My lawyer suggested to give the truthful statement to the police officer.

I'm once again approaching all of you, who are experts to kindle advise and guide me in this issue too, which I would highly appreciate.

Thanks

False defamation suit filed

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