Is it defamation?
Amit
(Querist) 13 July 2015
This query is : Resolved
Brief background:
A complaint was filed against an advocate in Bar Council of AP that the advocate was indulging in LIC business too which is against the rules of conduct for advocates.
The said advocate replied that he was not aware of the rules and asked for pardon which was granted and the complaint disposed off.
Now the same advocate renewed his license to continue LIC business. A fresh complaint was made again stating that despite giving written undertaking, the advocate renewed his license to continue LIC business.
In response to this complaint, the advocate made several false accusations against the complainant like (a) It was the complainant who forced the advocate to pursue LIC business and got him the license (this can be proved false as when the license was granted several years before they know each other) (b) that the complainant is demanding money to withdraw the complaint and is torturing the advocate mentally and physically by beating (c) that the said complaint is fraudulent and Bar council must take action against the complainant by addressing necessary orders to the company where he works (d) that the advocate never did LIC business (can be proved false)
My Questions are:
Clearly the response is false and much of it can be proved to be false. Also there was no explanation as to why he renewed the license when he was not doing business and when a written undertaking was already given. He is also maligning the complainant who simply reported the conduct of the advocate to the Bar Council.
(1) What action can be taken against the said advocate?
(2) Can the complainant file for criminal defamation?
(3) Complainant is writing a rejoinder to Bar Council with proofs attached but does Bar Council look into it and take action against the advocate or will it go soft again?
(4) If not satisfied with the action of Bar Council of AP, what are the options?
Thanks
P. Venu
(Expert) 13 July 2015
Are you the complainant?
Rajendra K Goyal
(Expert) 13 July 2015
Author need to reply the question raised by the experts first.
Raj Kumar Makkad
(Expert) 14 July 2015
1. Action against that advocate can be got initiated under section 35 of Advocates Act, 1961 by Bar Council of his State according to which not only his license can be cancelled but criminal action can also be initiated against him.
2. Yes.
3. It can take action.
4. Approach to Bar Council of India.
Amit
(Querist) 17 July 2015
Thanks Makkad.
Yes, I am the complainant.
Soon, I am going to file criminal defamation against the advocate.
Apart from defamation, is he liable under any other offence for maligning me and making all kinds of false accusations against me to the Bar Council of AP?
Thanks for your responses.
Biswanath Roy
(Expert) 17 July 2015
In Criminal Defamation you shall have to prove by adducing evidence (witness) that the accused not only malign your good image in the society but also created hate against you.
Amit
(Querist) 18 July 2015
Thanks Biswanath.
What evidence is required? The advocate said all the things in written statement to Bar Council and I have taken certified copies of the same.
Am I supposed to prove all that to be false or the burden lies on the advocate that what he said is true?
Biswanath Roy
(Expert) 18 July 2015
Do you mean to say that the alleged accused Advocate allegedly made defamatory statement against you in the Bar Council? If it is so then in Criminal Court you shall have to discharge your burden first to prove that the statement so made by the alleged accused Advocate amounts to criminal defamation and in rebuttal the alleged accused Advocate shall have to discharge his onus to disprove your allegation.
Amit
(Querist) 19 July 2015
Yes, we're on the same page now.
The statements were given to Bar Council in writing.
So let's go through the issue once more.
(1) I gave a written complaint against the advocate as per the procedure in Bar Council
(2) The advocate gave a written statement that did not respond to my articular allegation of misconduct by him but instead there was lot of false accusations against me which have nothing to do with the complaint made and also which are false.
(3) I gave a rejoinder saying that the accusations are false and nothing to do withe actual complaint.
(4) I have taken certified copies of the written statement by the advocate which has the false accusations against me.
Now as you said, I need to prove that the accusations by him amount to criminal defamation. That's where I need your opinion as to if they indeed amount to criminal defamation. As mentioned in the OP, the advocate is saying that
(1) I forced him to take LIC licence - I can prove this to be false
(2) That I beat him and torture him in the court premises - This is preposterous, unbelievable and obviously false, no one can beat up an advocate in the court premises
(3) I am playing fraud in courts (including High Court) and in Bar Council - this is also preposterous and slanderous
(4) That I demanded money from him - false
(5) Thus, Bar Council should take action against me and address orders to my employer
He is falsely claiming (1), (2), (3) and (4) and asking for (5).
So my question is, does this amount to defamation?
If yes, whose burden is to prove that (1), (2), (3) and (4) are true/false?
Thanks
Biswanath Roy
(Expert) 07 September 2015
Sorry Amit, I overlooked your post for sometimes. Now, while I was searching one of my old post I found your last query to me which was unfortunately unattended so far. Yes your query falls under publishing imputation concerning you and that attracts Sec.500 IPC. and definitely this is Criminal Defamation.
