Cyber Defamation and violation of Principles of Natural Justice
2 years ago
Since 2018 I am in legal dispute instituted by my wife at Bhilai Chhattisgarh. He filed false complaints to police, court and to my former employer at Bengaluru (a private organization registered under MCA and enlisted under SEBI). For false complaints via email to my former employer, a departmental inquiry was held but without any show case notice and without providing me the contents of her malicious email/s. Hence I was denied Natural Justice. Due such to humiliation, cyber defamation and a false FIR u/s 498A IPC (filed on 12th Mar 2019) and publication of FIR contents in Newspaper Navabharat, I was compelled to resign from my job on April 2019. Since then I am jobless. But prior my last working I was able to manage an acknowledgment from former employer regarding the existence of such malicious email/s. Based on such acknowledgment last year again I prayed for the contents of her allegations but my former employer denied to disclose without any lawful reasoning. On Sep 2020 I filed a grievance to the Dept of Labour Govt of Karnataka but no fruitful outcome is noticed yet from the Quasi Judicial authorities.
FIR status: On May 2019 Superintendent of Police confirmed that no cognizable offence was found against us. SLP No 5193/2019 is pending at the Honourable Apex Court with respect to the FIR. 04-07-2019 Hon'ble Supreme Court granted interim protection.
Requesting for suitable and appropriate legal opinion
Regards
JOY SHARMA
Lucem Leg
Responded 2 years ago
A.Dear Sir,
You can file criminal defamation complaint against your wife on the basis of Navbharat times publication and also claim damages. On the other part, when the defamation stands approved against your wife, then, on that basis you can claim damages from the company who have denied giving you the chance of presenting your views. Also you can file the RTI to get the complaints filed by your wife.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Cyber Defamation & Legislative framework. In India, defamation can be considered both a civil and a criminal offence, and the Indian judiciary provides legal remedies for the victims. Such an imputation must be made using electronic devices as per the Information Technology Act, 2000.
The defamation which is into the online medium falls into the category of libel as the electronic records are designated as documents whether it may be written text, audio or video files. It was specifically observed by the Delhi High Court in the matter of Dharambir v. CBI (2011) that ‘Given the wide definition of the words documents and evidence in the amended section 3 of evidence act read section 2 (o) & (t) IT Act, there can be no doubt that an electronic record is a document’ and the same has been observed in the recent judgment by Supreme Court in the matter of P.Gopalkrishnan v. State of Kerala (2019).
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A criminal defamation can be filed through private complaint with magistrate under section 499 and 500 of indian penal code. There is no court fees in criminal matters expect ticket fees. The procedure in civil court and criminal case take time they can go for 2-3 years and fees of lawyer is also needed to be paid.
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