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EquityWireSC junks defamation suit against lawyer for statements made in court

SC junks defamation suit against lawyer for statements made in court

This story was originally published at 20:33 IST on 14 October 2024
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Informist, Monday, Oct. 14, 2024

 

NEW DELHI – The Supreme Court Monday rejected businessman Pankaj Oswal's appeal to reinstate a defamation suit against advocate Vikas Pahwa for making statements during proceedings in a lower court that allegedly besmirched his reputation.

 

Oswal had sought damages of INR 20 mln from Pahwa in a defamation suit filed in the trial court. After the trial court dismissed the suit, Oswal moved the Delhi High Court. In February, the high court upheld the dismissal of the defamation suit, saying the statements made by Pahwa during court proceedings were protected by absolute privilege. Challenging this, Oswal moved the apex court.

 

The case had its genesis in the proceedings in a Patiala House court where the judge had asked Oswal and his mother to explore a mutual settlement. Oswal said Pahwa made a defamatory statement that the petitioner had used unparliamentary language and abused his mother during earlier mediation proceedings. Pahwa's statement was false, concocted, derogatory, and irrelevant to the proceedings during which it was made, thereby harming Oswal's reputation, the petitioner told the court. He claimed the statements had hurt his reputation among relatives, friends, business and social circles, and also in the eyes of the public who were present in the court at the time.

 

Reported by Surya Tripathi

Edited by Rajeev Pai

 

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