After quashing a criminal defamation complaint made in National Company Law Tribunal in an insolvency case against the advocate including his client, Justice G K Ilanthiraiyan made the observation that if an advocate acts acts according to the instructions of his/her client, professionally, not liability of defamation arises.
Background of the case
The case is related to a C. A (Chartered Accountant) V Venkata Siva Kumar wherein the application was moved to NCLT by his advocate to remove him and to appoint another Resolution Professional under Section 27 of Insolvency and Bankruptcy Code, 2016 before the National Company Law Tribunal, Chennai. Later on the CA sued the advocate and the committee of creditors for the offence of defamation with the allegation that they made defamatory statements against him.
The Court quashed the complaint and held that the advocate represents his client and has to rely on the information furnished by him and he has no measure to find out the truthfulness of his furnished information. He just forwards that information. Therefore no lawyer can be prosecuted for the offence of defamation under Section 500 of IPC as long as he is acting according to the instructions of his client.