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Kejriwal Apologises For Defamation: Know What Can Attract Defamation Case

Court acquits Kejriwal of the defamation case filed by Arun Jaitley for accusing him and his family for corruption when he was in power with DDCA, after Kejriwal apologised to Jaitley in a written letter for the statements he had made. But he refused to take any liability for the statements made by his counsel Ram Jethmalani. At times, a mere statement made can attract an accusation of defamation. let us see under what circumstances the statement made fall under the act of defamation.

Delhi High Court acquitted Chief Minister Arvind Kejriwal on Tuesday and other AAP leaders in the defamation case filed by Arun Jaitley, Union Minister. On August 5, 2017, Jaitley filed two civil defamation cases of INR 20 crore for making false, scandalous and defamatory allegations against him that Jaitley and his family have been involved in corruption during his period of work with Delhi and District Cricket Association in 13 years.

Kejriwal in his written apology letter mentioned that he had been misinformed by some papers presented to him by certain individuals who represented to have first-hand insight into the affairs of DDCA. He has discovered that the information and the imputations contained therein are unfounded and unwarranted which he was clearly misinformed. He further said that the disparaging and malicious statements made by his counsel Ram Jethmalani were out of his knowledge. Anyways the rest of the accused, the five leaders, have not apologised yet.

But what constitutes defamation, rather what kind of statements can bring an accusation of defamation, are as follows:

  • Making or publishing any imputation concerning any person,
  • Such imputation must have been made with the intention to harm with knowledge or having reason to believe that it will harm the reputation of the person concerned.

There are certain exceptions too, which can not be brought under defamatory action:

  • Any true statement made in interest in public.
  • Any opinion given to public in carrying on the duties of a public servant
  • Conduct of any person for the sake of a public question
  • Publication of any proceedings of courts including a trial and judgment.

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Reviewed by:
Rashmita Das
Published on 04-Apr-18