advertisementIn April 2023, the Patna High Court stayed the proceedings before a trial court in Bihar against Rahul Gandhi in connection with his alleged remarks.
The stay granted by the Patna High Court in Sushil Modi's case was till May 15, 2024.
Sushil Modi, who was battling cancer and was admitted to AIIMS for the last one month, died on May 14.
In India, a defamation case doesn't automatically get closed if the complainant dies, lawyers said.
A defamation case is tried as a complaint case, i.e.
With the passing away of senior BJP leader and Bihar's former deputy Chief Minister Sushil Kumar Modi, a question has arisen about what would happen to the defamation case he filed against Congress leader Rahul Gandhi over his "Modi surname" remark. Lawyers told India Today that Sushil Modi's legal heirs could pursue the case if they wish to.
The case was filed after Rahul Gandhi, while campaigning in Karnataka's Kolar in 2019, purportedly said, "How come all the thieves have Modi as their common surname?"
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In April 2023, the Patna High Court stayed the proceedings before a trial court in Bihar against Rahul Gandhi in connection with his alleged remarks.
The High Court's decision came while hearing a petition by Rahul Gandhi, who contended that since he was convicted in a similar case by a Gujarat court, he cannot be put on trial for the same offence again.
The Congress leader was awarded a two-year jail term by a court in Surat in a defamation case filed by BJP MLA Purnesh Modi for his alleged remarks. His conviction was, however, stayed by the Supreme Court in August. It paved the way for Rahul Gandhi to return to Parliament.
The stay granted by the Patna High Court in Sushil Modi's case was till May 15, 2024. Sushil Modi, who was battling cancer and was admitted to AIIMS for the last one month, died on May 14.
India Today spoke with lawyers to understand what lies ahead in the case.
In India, a defamation case doesn't automatically get closed if the complainant dies, lawyers said. The legal proceedings can continue if it is pursued by the complainant's legal representative or family member. If there's no one to represent the complainant, the court may dismiss the case.
A defamation case is tried as a complaint case, i.e. the state is not the prosecution but the complainant.
If the plaintiff had complained of defamation against himself, then the case could be closed for non-prosecution in case of the death of the complainant.
Another eventuality would be if the heirs of the complainant want to pursue the case. They can take support of explanation 1 of Section 499 IPC and say that the imputation continues to cause loss of reputation. They can ask for substitution and go ahead with the case.
The explanation states that statements made may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.
In one such case, Raju vs Chacko (2005), it was held by the Kerala High Court that though remedies were available for the family, the sphere of defamation of the dead was ignored and was lacking.
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According to the verdict, defamation is actionable both under civil law and under criminal law. The expression "person" appearing in Section 499 of the IPC would not normally cover a deceased person and that is why explanation 1 has been added to the section.
However, a claim for compensation for defamation under the civil law may not be maintainable in respect of defamation of a deceased person on the principle that a personal right of action dies with the person (Actio personalis moritor cum persona).
Published By: Abhishek De Published On: May 18, 2024
