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Tamil Nadu
HC refuses to initiate defamation proceedings
Mohamed Imranullah S.
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Advocate entitled to protection under ninth exception to Section 499 of IPC: Judge
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MADURAI: The Madras High Court has refused to initiate defamation proceedings against a lawyer for drafting a civil suit with libellous statements against the defendant allegedly owing to personal enmity.
Dismissing a criminal appeal filed by the defendant before the Madurai Bench, Justice A. Selvam said that an advocate was entitled to protection under the ninth exception to Section 499 (defamation) of the Indian Penal Code. The exception states that it is not defamation to make an imputation on the character of another provided that the imputation is made in good faith for the protection of interests of the person making it or for any other person or for public good.
The defendant belonging to Nilakottai in Dindigul district said that he was instrumental in lodging a criminal case against the advocate. In retaliation, the advocate incorporated defamatory statements in a suit filed by the defendant’s brother seeking partition of their family property.
“It is a settled principle of law that an advocate conducting a case on behalf of his client enjoys certain privileges and latitudes. The presumption will be that he has acted in good faith and in the interest of the protection of his/her client unless the contrary is alleged or established,” the Judge said. In the present case, a plain reading of the plaint would show that each and every paragraph begas with the words— “The plaintiff submits.” “Therefore, it is pellucid that the entire averments found in the plaint have been made only as per the instructions of the plaintiff,” he added. If at all the words mentioned in the plaint had impinged the reputation of the defendant, he could initiate defamation proceedings only against the plaintiff and not against the latter’s counsel. “The advocate has incorporated the averments while discharging his professional duties. His acts are bona fide and he cannot be fastened with criminal liability,” Mr. Justice Selvam observed.
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