The Supreme Court on Monday confirmed the dismissal of a defamation lawsuit against senior advocate Vikas Pahwa, reinforcing the protection granted to lawyers under the “doctrine of privilege.” The decision came after hearing an appeal against a prior judgment of the Delhi High Court, which had also ruled in favor of Pahwa.
Justices Dipankar Datta and Sandeep Mehta presided over the case, examining the allegations that Pahwa made defamatory statements during a judicial proceeding on July 14, 2022. The statements in question were made in a trial court where Pahwa was representing the mother of Pankaj Oswal in a criminal revision case.
Oswal subsequently initiated a defamation suit against Pahwa in the Delhi High Court. However, his claims were dismissed by both a single judge and later by a division bench. The courts determined that Pahwa’s statements were protected under the absolute privilege afforded to legal professionals during court proceedings. This privilege shields lawyers from defamation claims for statements made in court, especially when based on instructions from their clients.
The Supreme Court’s ruling affirmed the High Court’s position, highlighting the essential protections provided to lawyers to ensure they can represent their clients effectively without fear of personal liability for defamation.
In response to the Supreme Court’s decision, Pahwa expressed his relief and reiterated the importance of the legal protection for attorneys. “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,” Pahwa stated. He emphasized that his actions were in the line of professional duty, not personal conduct, underscoring the fundamental role of this privilege in the legal system.
