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)
Related News Articles
NBCC India Shines with 25% Rise in Q4 Profit: Is it a Multibagger Stock?
NBCC India's Q4 profit surges 25% to Rs 141.5 crore
Sustainability Takes Center Stage in Indian Real Estate
Manit Rastogi, founding partner of Morphogenesis, discusses the increased demand for sustainability and eco-friendly homes in Indian real estate.
Pune Property Prices Reach New Heights: Report
Gera Developments' 13th Pune Residential Realty Report reveals a 8.92% increase in average home prices, rising to a lifetime high of Rs 6,298 per square foot.
Six Landlords Who Dominate Mumbai’s Real Estate Market
A 2015 survey by the Slum Rehabilitation Authority (SRA) revealed that just six prominent landlords control over 10% of Mumbai's land, significantly influencing the real estate landscape in the city.
Investing in Heritage Properties: A Smart Real Estate Move?
With the festive season in full swing, many investors in India are looking for unique real estate opportunities that promise high returns and a touch of history. Heritage properties, which combine architectural beauty with potential financial gains, are b
Pune Mulls Revised Plan for Property Cards for Flat Owners
Pune municipal officials are discussing a revised proposal to issue property cards to flat owners in MahaRERA-registered projects. The state government currently issues property cards for land in urban areas, and the new plan aims to extend this to indivi