LAWYER’S COURT STATEMENT IS PROTECTED BY PRIVILEGE, DISMISSING THE DEFAMATION SUIT BY SC

by | Oct 15, 2024

Headline

The Supreme Court of India upholds against advocate Vikas Pahwa dismissal of suit of defamation.

Summary

The Supreme Court of India upheld the dismissal of a defamation suit filed against Senior Advocate Vikas Pahwa by Pankaj Oswal, declaring that statements made during judicial proceedings by the lawyers are protected by absolute privilege.

Key Facts

  • Case Name: Pankaj Oswal vs. Vikas Pahwa
  • Judges Name: Justice Dipankar Datta and Justice Sandeep Mehta
  • Pankaj Oswal filed a defamation suit over statement of Vikas Pahwa in court, alleging it harmed his reputation.
  • The Single and Division Benches of the Delhi High Court dismissed the suit, stating absolute privilege for statements made during judicial proceedings.
  • The Supreme Court of India upheld the dismissal,ruling the defamation claim lacked merit.

Legal Insights

The Supreme Court of India reaffirmed the doctrine of absolute privilege, safeguarding the lawyers, judges, and participants from the suits of defamation for statements made during legal proceedings. It stresses that such safeguard ensures the free conduct of judicial matters without fear of reprisal.

Impact

This ruling emphasizes legal safeguard for advocates, reinforcing that statements made during court proceedings cannot trigger defamation claims.

Why It Matters

The decision balances the reputation of individuals with public policy, by making sure that judicial proceedings are not hindered by potential defamation actions.

 

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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