New Delhi: The Supreme Court on Monday dismissed a defamation case against senior advocate Vikas Pahwa, saying that his statements made in a trial court were not defamatory and were protected under "the doctrine of privilege".
A bench of justices Dipankar Datta and Sandeep Mehta was hearing an appeal against the February 23 order of the Delhi High Court. A single-judge bench and later a division bench of the high court had dismissed a defamation lawsuit against Pahwa.
It was alleged that the senior lawyer had made certain "defamatory" statements in judicial proceedings on July 14, 2022, before a trial court here against one Pankaj Oswal. Pahwa had represented Oswal's mother in a criminal revision case.
Oswal subsequently filed a defamation suit against Pahwa in the Delhi High Court which was dismissed initially by a single judge and later by a division bench on grounds including that the senior lawyer was covered under the absolute privilege afforded to lawyers during judicial proceedings.
The high court had said the statements made by the lawyers during judicial proceedings are protected from defamation claims, particularly when they are made based on instructions from clients. The top court affirmed the views of the high court.
Reacting to the apex court's order, Pahwa said, "All three courts, including the Supreme Court, have unanimously held that the statement I made in court was not defamatory and is fully protected under the doctrine of privilege."
"As a senior advocate representing my client, I was fulfilling my professional duty and not acting in a personal capacity. The privilege afforded to lawyers in such situations is a fundamental aspect of our legal system, he said.
