A.P.Rajagopal (Advocates) 01 February 2010

DEFAMATION SUIT-REG

HIII EXPERT ADVOCATES,

MY FRIEND IN PONDICHERRY HAS BEEN PURPOSEFULLY BOOKED UNDER EXCISE ACT AND IN JULY 2009 , HE HAS BEEN ACQUITTED IN THE CASE. THIS ACT HAS BEEN DONE BY A DEPUTY COMMISSIONER OUT OF EXTERNAL PRESSURE AND HIS GODWILL IS AT STAKE. CAN IO BE PROSECUTED AND IMPLEADED FOR DEFAMATION IN CIVIL AND CRIMINAL PROCEEDINGS . I AM EAGERLY EXPECTING ALL EXPERTS OPINION ON THIS ISSUE..

TKS N RGS

APR

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2 Replies

R.R. KRISHNAA (Legal Manager) 01 February 2010

Your friend cannot initiate any defamation proceedings as the investigating authorities are generally protected by laws for any acts done in the course of duty in which in the opinion of the court is necessary for enforcing law and order. Even otherwise it would be very difficult for your friend to allege and prove the issue of defamation as a stronger proof needs to be shown to court that your friend was wrongly implicated in the case. If you have stronger proof you can file a defamation case otherwise it is wise to not to think of it.

Daksh (Student) 01 February 2010

Mr.A.P.Rajagopalan,

In the instant case I am of the view that requisite permission for initiation from statutory authority shall be a prerequisite for filing any civil or criminal action.

Thanks and best regards

Daksh