Can i make state government a party in my defamation case ?
mukesh
(Querist) 04 September 2013
This query is : Resolved
A weekly publishing in my district without registration and in contravention of PRB act 1867. The declaration authenticated during 2009 was also cancelled by SDM in 2010. The publisher never sent the documents and application to register the weekly to RNI Delhi.All the papers produced before SDM to authenticate declaration were bogus.Unfortunately by mistake, SDM authenticated the declaration.After realizing the mistake the SDM cancelled it.Since first issue the weekly defame all section of society.reputed citizens, gov officers, judges,politicians etc...
The language is very vulgar and rough.I myself is victim.I have produce so many complains to DM/SDM .lake of knowledge of the act they didn,t take action.Now my questions are
1 Who is responsible to stop this, under PRB act 1867?
2 During last one and half year the weekly defame me continuously.I feel that because failure to take action by the DM/SDM and RNI I have to suffer all this.I have all documentary evidence got through RTI.I would like to case at highcourt and make state government and RNI a party in this case. Can I do it ?
Sudhir Kumar, Advocate
(Expert) 04 September 2013
for defamation either there is civil suit or criminal action of non-cognizable and bailable nature.
either way DM SDM has no role. Only you have to take action.
Raj Kumar Makkad
(Expert) 04 September 2013
No. You cannot make State Govt. as perty to your defamation suit/complaint in the given case.
mukesh
(Querist) 05 September 2013
Sir,
Thanks for your valuable guidance.My point is, my continuous defamation occurring because the failure of Responsible officers doing their duty under the prb act.If they stopped the unregistered weekly on my first complain, all this has not been occurred.Please guide me about this point. Thanks.
Guest
(Expert) 05 September 2013
You have mixed up several things concerning the PRB Act and the CrPC in one description, i.e., the irregularity in registration of the paper, mistake by SDM in authentication of declaration of the publisher, cancellation of authentication, your defamation, etc., while these issues have to be dealt with separately and individually.
So far as the irregularity concerning with the PRB Act is related, the matter can be taken up separately with the Press Registrar of India after which you need not bother, as that would be the prerogative of the Registrar to take note of the irregularities and take action according to law. Cancellation of verification itself has led to non-registration of the paper.
In your personal case pertaining to the defamation, you will have to lodge FIR with the police, file a defamation case.
You cannot make Government as party, as in violation of law by the publisher, you would not be able to establish any irregularity on the part of the Government, either in registration of the paper or defamation made by the publisher in his individual capacity.
mukesh
(Querist) 05 September 2013
Respected PS Dhingra Sir,
Thanks for your guidance.
"You cannot make Government as party, as in violation of law by the publisher, you would not be able to establish any irregularity on the part of the Government, either in registration of the paper or defamation made by the publisher in his individual capacity."
Sir, in my case the weekly publishing WITHOUT registration.So who will take action against it as per law? At local level DM/SDM has responsibility to stop it.They didn't do their duty after so many complaints made by me !!!
Guest
(Expert) 05 September 2013
DM/SDM Can't take initiative on behalf of the concerned Government department. The case has to be filed by the concerned Government department or the police. Only Press Registrar is the appropriate authority to take any action against the publisher, if any violation of the provisions of the PBR Act comes to the notice of his office.
Rajendra K Goyal
(Expert) 05 September 2013
Very well advised by the expert PS Dhingra ji. Nothing more to add.
mukesh
(Querist) 05 September 2013
"Only Press Registrar is the appropriate authority to take any action against the publisher, if any violation of the provisions of the PBR Act comes to the notice of his office."
The press registrar already wrote me " Since the publication is publishing in contravention of the PRB act 1867 the concerned DM may take appropriate action "
I attach here with the reply.
Sorry there is no option for file attachment.
Sudhir Kumar, Advocate
(Expert) 05 September 2013
but still defamation case is not made out against DM or state Govt
Guest
(Expert) 05 September 2013
If the Press Registrar office has written merely, "Since the publication is publishing in contravention of the PRB act 1867 the concerned DM may take appropriate action" and has not taken up the case with the DM, his office is not doing their genuine duties. The Registrar's office has to take up the case with the police or prepare the case properly for taking legal action.
mukesh
(Querist) 06 September 2013
Thank you very much for all the lawyers for helping me.In my case two main questions arise,
1. If PRB act 1867 broken shamelessly, endlessly, continuously by an unregistered publisher, who has prime responsibility to stop it? DM or the press registrar ?
2. Where police, DM or press registrar don't take action, what a helpless citizen can do ?Where is the rule of law ?
Sudhir Kumar, Advocate
(Expert) 06 September 2013
now you have travelled byond target.
all these facts of reregistration/ cancellation / action by DM etc are totally irrelevant if you have to move for defamation.
Guest
(Expert) 06 September 2013
Mr. Mukesh,
Do you want us to write a thesis on your project on violation of provisions of PRB and the responsibilities of the enforcement agencies?
You have been given enough guidance on your issue, but you seem to extend your thread endlessly. If you really have an issue and want to sue the publisher, Press Registrar, police, DM or any other authority, better hire services of a local lawyer and file a suit. Your advocate will see what he can do in your case. If you think you can do everything by asking replies to tit-bit like questions as a continued process, your case is likely to bounce back on you, as casual questions and replies on legal issues won't serve your purpose in a legal case.
Rajendra K Goyal
(Expert) 06 September 2013
Action through a local lawyer need to be taken as advised by the experts.
V R SHROFF
(Expert) 06 September 2013
Shri Dhingraji :
Pl note his clear statement:
"Now my pain is "Aren't there some kind lawyers to help free this type of matters?"
I am an RTI ACTIVIST."
So being a RTI activist, the said Journalist defamed him. At the same time Querist Mukesh do not want to spend for his medicine!!
So ill for last one year.
Journalist and RTI Activist have their main MBO, a motive. They must spend for it, being initial investment. First throw few Rupees in Soil, spoil it with water, forget what you saw, and it grows 100 times in few months. It seems Shri Mukesh want to reap , before he saw.. WANT FREE CROPS , at the cost of any free Lawyer..
Let him learn
"There is no free lunch"
"It is not money wasted, it is money invested."
Guest
(Expert) 06 September 2013
Shroff ji,
I could not find his referred statement in this thread. However, I noticed his statement in the following thread:
http://www.lawyersclubindia.com/experts/Can-i-make-a-criminal-complain-for-this--308446.asp
He seems to be a PRO in some organisation, but it seems he would have used some offensive words during his discussions with some of public persons, which may not be appropriate for him to use in the capacity of a Public Relations Officer. So, there might be some exchange of words between him and the publisher.
However, he should not expect total free service from us, who are already spending a lot of time free of cost in service of the needy persons. If he has to take revenge from some person and teach him lesson through legal resources, he should spend fee of a lawyer from his pocket to fight his case and try his luck.
mukesh
(Querist) 06 September 2013
Respected Dhingraji You are absolutely right.
"Shroff ji,
I could not find his referred statement in this thread. However, I noticed his statement in the following thread:
http://www.lawyersclubindia.com/experts/Can-i-make-a-criminal-complain-for-this--308446.asp"
First of all I thanks all respected lawyers for their valuable time spent for me."I don't want free lunch."" Iam ready to invest."I have already hired a good lawyer at Gujarat high court.I have enough income to pay the fees.
ALL THIS QUESTION PUT HERE TO GET EXTRA HELP BY GETTING VARIOUS EXPERT'S VIEW AROUND THE NATION.I WILL PUT ALL THIS DISCUSSION TO MY LAWYER.
ONCE AGAIN I THANKS ALL.
Raj Kumar Makkad
(Expert) 07 September 2013
I strongly endorse the wise and detailed advice of Ld. Dhingra ji.
