HIS HOLINESS SHAMAR RIMPOCHE Vs. LEA TERHUNE

JUDGEMENT

(1.) Issues which generate public debate often lead to articles and books which may be found defamatory and offensive by some and yet be held out to be the truthful assertion by the author. The question in dispute which gives rise to the present suit is as to who is the real 17th Karmapa of Karmo Kargu Sect of Tibetan Buddisim.

(2.) According to the plaint the plaintiff is the 13th Incarnate of the Shamarpa, an important lama of the Karma Kgyu sect of the Tibetan Buddhism. The plaintiff came to India with the 16th Gyalwa Karmapa in the year 1959 and stayed in Rumtek, Sikkim

(3.) The suit is founded on the following pleas a) the defendant No.1 Lea Terhune, the author was said to be the Secretary of Tat Situ Rimpocha (TSR) who still remains banned from entering Sikkim by the Government of India and the book in question "KARMAPA THE POLITICS OF REINCARNATION' and efforts to publish it in India have led to the filing of the present suit. Thus the defamatory allegations of which the plaintiff seeks an expunction along with reply to the averments by defendant No.1 is reproduced as under: S.No Defamatory Allegations Reply in the written statement of defendant No.1 1. Father of the plaintiff died of alcohol.