Defamation; Lawyer demands Rs.50 Lakh Compensation from Kerala Advocate General

A Lawyer of Kerala High Court sends a legal notice to Advocate General KP Dandapani alleging that he has been defamed by the AG when he moved a resolution in support of Justice Alexander Thomas. Advocate J S Ajith Kumar, has demanded a compensation of Rs 50 Lakh.In addition to that, the lawyer demands that the "unfounded and malicious and defamatory" allegations should be immediately withdrawn and an unconditional apology should be given in writing to him.The notice sent under instructions from Adv. J S Ajith Kumar, digs into the past of the Advocate General. The notice also contains serious allegations against AG’s family also. A defamation suit will be filed before a criminal court if the defamatory allegations are not withdrawn and the compensation is not paid within 10 days, the legal notice stated.

Advocate J S Ajith Kumar and 74 other High Court lawyers had petitioned the Kerala High Court Advocates Association (KHCAA) to convene an Extra-ordinary General Body meeting to consider and pass the following resolution“The Association expresses its grave concerns on the report of the move of advocate general KP Dandapani and his family members in attempting to persuade and pressurize the Hon`ble Chief Justice of Kerala to shift the bold and independent judge Sri. Alexander Thomas to some other jurisdiction and do request the hon`ble Chief Justice to desist from such a move at present”

In response to this notice, the Advocate General had written to President of the Bar Association that the proposed resolution is baseless as there hasn’t been any attempt on his part or that of his family members to change the jurisdiction of the judge. Demanding that the resolution must be “nipped at the bud itself”, the AG had claimed that the resolution amounts to criminal contempt of court. The KHCAA had rejected the request made by AG.

In the letter, the AG had stated that the resolution was moved by the lawyer due to professional animosity to his son for having conducted cases against him. Ajith Kumar, in his legal notice says that such a statement was made solely to defame him and lower him in the estimation of all those who reads the letter.