By : M.S.Yatnatti: Editor and Video Journalist Bangalore : All political parties need to stop on allegation based such diaries like alleged Shara Diary , manuscript fond with accused in Agusta Westland case and Govindraj Diary or Lehar singh diary as the such diaries are not admissible in court of law as per several court decisions . THE "Jain Hawala Diaries” case, which shook the politics of the country in the 1990s, is far from resolved. Although the main case against leading politicians such as L.K. Advani and V.C. Shukla collapsed because the uncorroborated diary entries indicating illegal payments to politicians did not constitute evidence. The aggrieved parties can file defamation case against the persons who are making baseless charges based on alleged fake diaries.
Reportedly Defamation is the publication of a false statement that causes you to be harmed in some way. Whether the statement is published in the paper, on the Internet, or is merely spoken to another, it has the power to harm you. You can take action by consulting with a lawyer. But what does that entail? And, if you decide to pursue a lawsuit.
How is 'defamation' defined under Indian laws?.According to experts In India, defamation can both be a civil wrong and a criminal offence. The difference between the two lies in the objects they seek to achieve. While a civil wrong tends to provide for a redressal of wrongs by awarding compensation, a criminal law seeks to punish a wrongdoer and send a message to others not to commit such acts. In Indian laws, criminal defamation has been specifically defined as an offence under the Indian Penal Code (IPC) whereas the civil defamation is based on tort law - an area of law which does not rely on statutes to define wrongs but takes from ever-increasing body of case laws to define what would constitute a wrong. Moreover, in a criminal case, defamation has to be established beyond reasonable doubt but in a civil defamation suit, damages can be awarded based on probabilities.
How is criminal defamation law placed in the IPC?. According to experts Section 499 of the IPC defines what amounts to criminal defamation and few subsequent provisions specify what the punishment for having committed defamation would be. Section 499 states defamation could be through words - spoken or intended to be read, through signs, and also through visible representations. These can either be published or spoken about a person with the intention of damaging reputation of that person, or with the knowledge or reason to believe that the imputation will harm his reputation. Section 500 stipulates an imprisonment of up to two years, with or without fine, for someone held guilty of criminal defamation. However, criminal defamation is a compoundable offence and parties can seek a closure of the case by reaching a compromise.
What is the procedural requirement for filing a criminal defamation case and how is the law set into motion?.According to experts Criminal defamation provisions are read in conjunction with the procedural requirements laid down in the Code of Criminal Procedure (CrPC). The offence has been categorised as non-cognisable and bailable and hence a mere filing of a police complaint by an aggrieved person does not entail arrest of an alleged offender. Therefore, a complaint is more often than not filed before a magistrate, seeking prosecution of alleged offenders and their arrest. The complainant needs to record his statement to convince the magistrate that the case warrants summons to the accused and their arrest. Once summoned, the prosecution is set into motion and at this stage, it becomes imperative for the accused to move for bail before the magistrate. If the complainant succeeds in establishing a prime facie case, the trial proceeds, otherwise the accused are discharged without being sent for a full-fledged trial.
How does defamation as a civil wrong work?.Here, defamation can take two forms - libel (by writings) and slander (by spoken words). In order to establish that a particular statement - written or spoken - is defamatory, it must be proved that it is false, defamatory and published and lowered the reputation of a specific person or an identifiable set of people in the eyes of the general public.
Reportedly the planted and fabricated diaries are fiction of perverted minds as many politician claim and allege such diaries as fake and created to kick a political storm in media and to inflict collateral damage on reputation of political parties and individuals .Many of the political experts and analysts state that such fabricated diaries can be planted by insiders or out outsiders just to damage the reputation of person and political parties altogether . The CIC held that while the investigation are going on disclosure of the investigation report is barred u/s 8(1)(h), however the petitioner should be informed about the action taken after the completion of investigations. IT department officially cannot disclose any thing pertaining to individual as per law.
Instead of this if
person knows that any person is carrying illegal cash can report to IT Department
and person can be caught red handed with money.Tax Evasion
Petition(TEP) : A complain letter to Income tax Department (CBDT) with proof to
investigate the revenue loss to government ex-checker because of such evasion.
Income tax department issue notice u/s 142(1) of income tax Act. The parties
need to respond within one month otherwise there is a penalty of upto 10 000/-
for disobeying notice. Reportedly no one cares as income tax officer never
implement. The copy of the summon has a clause which reads as follows
"Without prejudice to the provisions of any other law for the time being in force, if you intentionally omit to so attend and give evidence or to produce the books of accounts and or documents a penalty for a sum which shall not be less than /- (Rupees one thousand) but which may extend to Rs. 10,000/- (Rupees ten thousand) for each default or failure shall be imposed upon you under section 272A(1)(e) of the Income-tax Act, 1961/37(2) of Wealth Tax act, 1957.”If required ITO can issue summons u/s 131 of the Income Tax Act, 1961 wherein opposite party will be directed to present himself/herself before ITO.