Case for defamation
sushil kothari
(Querist) 20 August 2012
This query is : Resolved
one of my client who has great faith in congress party and congress leadership specially Sonia Ji and Rahul Gandhi and also holding a post in congress party feels defamaed due to statements given by Dr.Subramanian Swamy that sonia ji is having one lakh crore in foreign accounts and she never studied in cambridge received 60% bribes of 2g scam and similar type of allegations on Rahul ji that he was arrested at US airport with daughter of arms dealer with 160000 dollars in cash and many other allegations which my client believes are totally false.
please suggest me wheather he can prosecute Dr. Swamy and under what provisions of law
Devajyoti Barman
(Expert) 20 August 2012
No person has any right to defame anyone publicly especially when there is no proof of one's allegations. This is a criminal defamation and your friend can very much proceed to file the same being a member of the Party of whose leader is defamed by such reckless allegations.
Sudhir Kumar, Advocate
(Expert) 21 August 2012
But he has prove that it is false allegation.
If he cannot the Mr Swamy may prosecute him.