Defamation Ruling: Shouting 'Cheater
The Bombay High Court has ruled that recklessly uttering that a public servant is a 'cheater
DefamationBombay High CourtPublic ServantCorruptionReal Estate AgentReal Estate MumbaiMay 29, 2024
The complainant, a retired police officer, had worked for nearly 30 years and was posted as Police Sub-Inspector (PSI) at Chembur Police station. He became acquainted with Rajwani, a real estate agent, in 2011, when he and his family members approached Rajwani to purchase shops. However, a dispute arose between them, and Rajwani made false and vexatious allegations against the cop, claiming that he had amassed wealth disproportionate to his known source of income.
The ACB conducted an open inquiry against the ex-cop and closed the inquiry in 2018, stating that it could not find disproportionate assets. Despite this, Rajwani approached the High Court in 2016 with a writ petition seeking registration of FIR against the ex-cop, which was dismissed by the court in 2017.
In May 2018, Rajwani came to the ex-police officer's medical and general store, where he shouted 2-3 times about the ex-cop being corrupt, in the presence of few known persons, workers, and customers. This prompted the complainant to lodge a defamation case, and the magistrate initiated proceedings in 2019.
After the sessions court upheld the magistrate's decision, Rajwani approached the High Court last year. His advocates claimed that the utterances were not made with intent to harm the reputation of the complainant and were at best abusive but not defamatory. However, Justice N J Jamadar observed that the accused knew that the concerned investigating authority found no substance in the allegations and yet made the imputation.
The court stated that to utter that a public servant was cheater and corrupt, can hardly be said to be a form of abuse. Instead, if made recklessly and sans good faith, such imputation, prima facie, constitutes defamation. The bench dismissed the plea, ruling that defamation proceedings were justified.
The Bombay High Court is the high court of Maharashtra, India. It was established in 1862 and has jurisdiction over the state of Maharashtra and the union territory of Goa, Dadra and Nagar Haveli, and Daman and Diu.
The Anti Corruption Bureau (ACB) is a government agency responsible for investigating and preventing corruption in India.
Frequently Asked Questions
What was the ruling of the Bombay High Court in this case?
The court ruled that recklessly uttering that a public servant is a 'cheater corrupt' constitutes defamation not abuse
Who was the complainant in this case?
The complainant was a retired police officer who had worked for nearly 30 years and was posted as Police Sub-Inspector (PSI) at Chembur Police station
What was the dispute between the complainant and the real estate agent?
The dispute arose when the complainant and his family members approached the real estate agent to purchase shops and the agent made false and vexatious allegations against the cop
What was the outcome of the ACB inquiry against the ex-cop?
The ACB conducted an open inquiry against the ex-cop and closed the inquiry in 2018 stating that it could not find disproportionate assets
What was the punishment sought against the real estate agent?
The punishment sought against the real estate agent was under section 500 (punishment for defamation) of the Indian Penal Code (IPC)
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