I am an alumni of an NIT which is a central govt. educational institution. I am a Canadian citizen who is settled in India for the past 6 years. My estranged cousin is a drug addicted professor there. Since my estranged cousin threatened me, I wrote to the Registrar and Director to take action on the drug addict. They did not. Some faculty members saw these emails and they wrote to me saying that there was large scale corruption, drug addiction, alcohol abuse, sexual harassment at NIT and asked me to raise these issues with NIT management. I have written proof for this and some professors also used to call me by phone to ask me to raise these issues with NIT management. They said that since they were central govt. employees they can not raise these issues as their personal file was in the hands of the Director of the institute. I raised these issues by email for the past 2 years. I received no reply from NIT management. Then I used to raise these issues in the Public Grievances portal of the central govt. and the Registrar used to reply with malicious replies and with replies that were not at all related to the questions asked. Sometime in Dec. 2016, it seems that the Registrar had filed a criminal defamation complaint in the Police station against me. This is recorded in the 43 BOG meeting held on 14 Dec 2016. This complaint was informed to the board and the board had asked the Registrar to follow it up. The 43 BOG meeting minutes was made public 3 days ago. My full name is mentioned in it. Since my name is a unique name, everyone knows that it is me. Till today I have not received any call from the Police station. Almost 7 month is over. After seeing this notice, my wife is threatening to file for false domestic violence case and is saying that she will press for divorce as this has spoilt me reputation. She is also threatening me that she will file a false dowry and false jewellery demand case with the local police. My friends have stopped talking to me. I am jobless now and I am sure that no one will give me a professional job as my name has been defamed. I propose to file a Rs 10 crore defamation case against the Registrar and Director of NIT as they have intentionally defamed my name so that I donot complain about the large scale irregularities that is happening within NIT. It is a threat to me and the whistle blowing professors who are exposing the corruption of this particular NIT. But this had defenitely threatened my whistle blowers from the NIT as I have had no calls or emails from them from Dec 2016. How do i proceed with the defamation case. As you must be aware, NIT can hire the best lawyers at the tax payers expense as they have unlimited funds.
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Lawyers are available now to answer your questions.
1) you have to file civil suit for damages and claim Rs 10 crores against NIT for having maligned your reputation
2) you can also file complaint of criminal defamation against the institute , Registrar under section 500 of IPC
3) contest the defamation complaint filed against you
1.Do not worry as the criminal defamation case no basis.
2. Do note that is alleged defamed statements are proved to be true then no defamation case lies.
3.So the communications with other professors with you on this issue will help you.
4. if you have prima facie proof of such corruption then you can lodge complaint with Police.
5. yes, do file civil defamation case agasontt he regsirtar and other erring officials.
1. Truth is the biggest and most potent defence to a prosecution for defamation.
2. If you have evidence to prove that the issues raised by you on the portal of the govt were prima facie true then you can surely file a civil suit for damages on account of defamation. You will have to prove that on account of the allegations made against you by them your estimation in the eyes of others has been lowered.
If you have planned to file a defamation case against the director, you may have to gather the concrete evidence to prove that the director has actually defamed you.
Defamation is a Civil as well as a criminal offence. Under Criminal Law, Indian Penal Code, defines defamation as -"Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person,
Under Criminal Law three essentials are to be proved to establish wrong of :
1. There should be existence / publication of an imputation made by a person.
2. Such imputation may be words spoken or written signs, or visible representation.
3. It should be made to injure or having knowledge to believe that it will injure reputation of a person.
Civil Law about Defamation is still governed by English Common Law rules, according to which 4 essentials are to be proved -
1. The statement be defamatory.
2. Reference of it to the plaintiff.
3. Publication of it by defendant.
4. Statement must be substantially untrue.
Thus after ascertaining your position you may proceed with your proposal to file a defamation suit or complaint.
