Whether case of defamation is maintainable..??
Raman
(Querist) 13 March 2012
This query is : Resolved
"A" files RTI for seeking information from bank on general queries. The bank "B" didnot respond A wnt to CIC, which imposes penalty on B. The B conspired with third parties "C" and leaked RTI Applications of A and obtain defamatory letters from C. B files the writ petition against A and annexed letters of C in order to tarnish image of A.But was dismissed by High Court. Now what remedies are available to A?
1 Whether A can sue B as well as C on the grounds of defamation,conspiracy, intrusion of privacy, since the letters are communicated between B & C?
2 Whether A can file the suit before High Court or before civil court?
3 Whether writ petition is maintainable against Bank B as it there is intrusion of privacy by the B by leaking his letters??
Raj Kumar Makkad
(Expert) 14 March 2012
No alleged case is made out either against B or C.
Adv.R.P.Chugh
(Expert) 14 March 2012
The outsourcing of your letters/RTI applications to a 3rd person C is definitely a violation of your right to privacy, but alas, no criminal liability can be imposed on them, though you can seek damages.