oppn parties Defamation: One Suit for One Statement

News Snippets

  • China says that the next Dalai Lama will be appointed by it
  • Pakistan assures India that no anti-India activity would be allowed in the Kartarpur corridor
  • Pakistan to allow visa-free access to 5000 pilgrims every day to undertake pilgrimage using the Kartarpur corridor
  • Karnataka crisis: BJP wants floor test today
  • Novak Djokovic fights off a spirited challenge from Roger Federer to win his 5th Wimbledon title in an epic - the best ever - final that went on for nearly five hours
  • England wins the World Cup in an epic final that went down to the wire. The match was tied and the Super over was tied too, but England won as they hit more boundaries
  • Good news for monsoon, El Nino weakens and is likely to fade away in a couple of months
  • SC rules that Maratha quota in Maharashtra cannot be applied retrospectively
  • Iconic Laxman Jhula in Rishikesh shut down as it is in danger of collapse due to overload
  • SBI not to charge any amount for digital money transfers through RTGS, NEFT and IMPS
  • Pakistan says Indian planes can only fly over its airspace if India pulls back its fighter jets from advanced bases
  • Congress-JD(S) alliance to seek floor test at the earliest
  • Supreme Court orders status quo in Karnataka case till Tuesday
  • UP BJP legislator Rajesh [email protected]@@s daughter alleges he sent goons after her for marrying outside the caste
  • CBI raids activists Indira jaising and Anand Grover for alleged violation of FCRA in their NGO
ISRO calls-off Chandrayaan-2 mission launch at last moment due to technical snags. revised date will be announced later
oppn parties
Defamation: One Suit for One Statement

By admin

About the Author

Sunil Garodia By our team of in-house writers.
What happens if you, by any chance, make a statement against any organization that is considered slanderous by any of its members who are located all over India? In a bid to cause you maximum harassment and expenditure, the members will file defamation cases against you in various courts in India. You will be at your wits end replying to all the notices, arranging for lawyers to represent you in those courts and keeping track of all the dates for hearing. One slip and you might end up in jail. Instead of them being victims, you become one.

Taking cognizance of this ugly fact, the Supreme Court, during hearing several petitions challenging the validity of criminal defamation, observed that when a supposedly derogatory statement is made against an organization or an organized group, there should be a procedure whereby only the group itself or a person authorized on its behalf should be allowed to file and pursue a complaint. It rued the fact that an RSS pracharak could file a complaint against Rahul Gandhi for defaming the organization. It said that there should be some authorization before such complaints can be made. It is an extremely relevant observation which if followed will reduce frivolous cases and save the time of courts all over the country.

Taking this further, there should be law that the complaint can only be filed either where the headquarters of the supposedly defamed organization is situated, or where the person who supposedly made the derogatory statement ordinarily resides, or the place where the defamatory statement was made, in order of preference. There should, as the apex court observed, be only one suit for one defamatory statement. This will not protect the person making the statement but will ensure fairness in the judicial process.