PANKAJ OSWAL VERSUS VIKAS PAHWA

[ DELHI HIGH COURT ]

CORAM: R.F.A. (O.S.) 14 OF 2023 
HON’BLE MR. JUSTICE RAJIV SHAKDHER
HON’BLE MR. JUSTICE AMIT BANSAL

Defamation suit filed against senior Advocate Vikas Pahwa dismissed by Delhi High court on the ground that the language used in the judicial proceedings cannot be said to be defamation and comes under previleged communication.

Defamation Suit – Defamation suit filed by Pankaj Oswal against Vikas Pahwa, a senior advocate who represented Oswal’s mother in a criminal case Whether the statement made by Pahwa in the court that Oswal had used unparliamentary language and abused his mother during mediation proceedings was protected by absolute privilege and did not constitute a cause of action for defamation – The court held that the statement was protected by absolute privilege as it was made in the course of judicial proceedings and had reference to the subject matter of the proceedings – The court dismissed the appeal filed by Oswal against the rejection of his plaint by the single judge – The court reasoned that the doctrine of absolute privilege was based on public interest and common convenience and aimed to ensure the free and _ fearless administration of justice – The court also observed that the statement was made in response to the suggestion of the sessions judge to explore the possibility of amicable settlement through mediation – The court rejected the argument that the statement had no relevance to the proceedings or that it violated Oswal’s fundamental right to reputation under Article 21 of the Constitution.

 

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PANKAJ OSWAL VERSUS VIKAS PAHWA DELHI HIGH COURT JUDGMENT

 

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