NEW DELHI TELEVISION LIMITED Vs. S K SRIVASTAVA

JUDGEMENT

(1.) Ia No.1195/2012 (of plaintiff u/O XXXIX R-1 & 2 CPC)

(2.) The senior counsel for the plaintiff has argued that (i) the defendant, at the time of filing of the suit, was working in the Income Tax Department (the counsel for the defendant states that the defendant is still working in the Income Tax Department); (ii) the defendant filed an application before the Court of Sh. O.P. Saini, Special Judge, containing defamatory content with respect to the plaintiff; (iii) the said application was dismissed; (iv) the defendant upholded the said application and/or contents thereof on the internet and also handed over copies of the same to various other news channels and news agencies.

(3.) I have asked the senior counsel for the plaintiff, how there can be defamation with respect to what is stated in the course of legal proceedings and whether not there is an absolute privilege in such matter.