Don’t prosecute lawyers for statements made on client instructions, says HC

Chennai: Madras high court has said that no lawyer can be prosecuted for defamation in respect of any statements made on the basis of instructions given by the client. A lawyer is an advocate who speaks on behalf of another person. Naturally, beyond the instructions given by the client, a lawyer has no opportunity to verify the truth or falsity of the facts narrated by the client, the court said."It is the duty of the lawyer to decide whether he can properly act upon such instructions, and whatever responsibility may arise from acting upon those instructions would rest with the client and not with the lawyer," Justice G K Ilanthiraiyan said.Any contrary view would be opposed to the settled trend of judicial decisions defining the scope and extent of the privilege conferred upon a lawyer, the court added. The judge made the observation while quashing a criminal defamation complaint against an advocate, filed by a man who represented his wife in a matrimonial dispute case before a family court.According to the man, he filed a petition in the family court seeking declaration that the marriage with him was null and void. It was further alleged that, as a counterblast to the proceedings, his wife, with the connivance and instigation of the advocate, lodged a complaint under the Pocso Act against him.He alleged that even before the complaint was taken on file, his wife disseminated false allegations of sexual harassment against him and also published it in newspapers. However, after conducting an inquiry, the complaint was dismissed by the Pocso court.Aggrieved, he filed criminal defamation complaints against his wife and her advocate. Allowing the plea moved by the lawyer, the court quashed the defamation complaint against him. The court, however, refused to quash the complaint against the wife and dismissed her application.
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