Can an Indian citizen file defamation case on a asylum seeker in US
2 years ago
My brother went to USA on a job invitee by Carnival Cruise Line in Feb 2018. He never reported on job and went missing to seek an asylum in USA and get a job on soil. He applied for asylum but his asylum got rejected and Court ordered his removal from USA, but again he went missing from the address. Now, he is working in San Francisco as a Chef illegally and seeking asylum with fake story and fake documents with another Lawyer.
He put up the fake story that his life is under threat from me in my Motherland. I joined a religious organisation that is very active in politics and wants to convert his and our mother religion. I am the cause of my Father death and my religious organisation people killed one of my younger brother on my instructions as he is opposing religion conversion. I donated my entire property share to that religious organisation just to gain their trust.
He couldn’t fight against me in Court and I had taken entire stake of my deceased brother and tried to kill him but luckily he survived. Now, I want to take overtake their stake of property and wants to kill him and our mother. As per him, I tried to do so in last year riots and burned the house and and shop and our mother survived as she was hiding in nearby village.
Local police and Government officials are supporting me due to my political links.
Now, my younger brother is selling his fake story to get an asylum in USA to tarnish my image and project me as a murderer and killer.
Whereas the truth is opposite, I recently retired from Armed Forces and now working in Private sector in Non-Banking Financial Corporation. Neither I am in politics nor converted my religion.
So, kindly advice what can I do as he is defaming me and posing me as a murderer of my family and with this he wants asylum in USA at the cost of my life, morality and social reputation. Even if he gets asylum due to this fake story I will be declared as official murderer of my family in USA. I can’t visit USA in future nor my family will be given visa in future based on that fake story.
Kindly advice what legal option’s I have got.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
send the papers to USA.
After some years he also have to come to India.
so then you can get him.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
In this instance, there are jurisdictional issues. Section 3 of the Indian Penal Code states that if an Indian citizen does an act outside of India that is not an offence in that country but is in India, he will be tried in India under the IPC. However, any legal opinion or remedy can only be given after additional information about the act that resulted in defamation have been examined.
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Because defamation is a criminal offence and your brother is attempting to slander you, you have a remedy, but because he lives abroad, it's unclear how jurisdictional concerns will be resolved. You must supply additional information about these defamation cases.
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Please consult International Advocate
This indeed is a sordid story and has to be taken in with all seriousness. I must tell you that it will be a very difficult and bod step for you to go legal against your brother for a simple one reason and that is inter-country jurisdiction. You may file a case here in India but then it will be a herculean task for you and out courts, in specific, to get the summon served to him in a foreign land that too when he does not have a fixed place of residence.
I understand that you do have your legal rights to protect your name, fame and dignity but pragmatically it not impossible but very difficult and as a prudent man I would say you can think about it and as a lawyer I would say you can do it, the doors aren't closed.
Regards