Friday, June 15, 2007

Defamation suit filed against Karnataka Chief Justice

An advocate has filed a defamation suit against no less a person than the Chief Justice of Karnataka High Court, claiming damages worth a whopping Rs 11.1 billion.

In his defamation suit filed in the City Civil Court, advocate Keshavan V Challam alleged that the Chief Justice, at a function in Chickmagalur during October last year, had held the advocates responsible for corruption in judiciary.

Alleging that the remarks made by the Chief Justice were “defamatory in nature and lowered the image of advocates”, Challam has sought a ruling from the court for payment of damages.

Interestingly, the defamation suit against the Chief Justice has been classified as “Pauper Miscellaneous”, which exempts the petitioner from depositing ten per cent of the amount claimed as damages. But, the provision of Pauper Miscellaneous is available to indigent petitioners, who can’t afford the court fee.

The registry of the court has already raised an objection by questioning how a practicing advocate can be a pauper. But, the magistrate will have to take a decision on whether the petitioner is indigent or not.

Meanwhile, advocates in Karnataka have been up in arms against the Chief Justice ever since he made the controversial remarks at a function in Chickamagalur on October 10. The issue had been taken up by the Karnataka State Bar Council, which, as a mark of protest, decided that no advocate would take part in any function attended by the Chief Justice.

However, the resolution was withdrawn after Justice Cyriac Joseph sought to mend the fences by clarifying the matter and claiming that he did not mean to offend the advocates. But, the resolution was brought back into force after the Chief Justice, while participating at a function in Mysore during February this year, remarked that advocates with criminal background were elected to the Bar Council and Advocates’ Associations.

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