Kerala HC Quashes Case Against Former MP For Allegedly Comparing Lawyers To Street Dogs

The Kerala High Court quashed the defamation case against former Ernakulam MP, advocate and lawyer, Sebastian Paul pending before the Taliparamba Magistrate Court for allegedly comparing the lawyer community with street dogs.

The said statement was made in 2016 when there was a tussle between the lawyers and journalists in Kerala. The speech made by Sebastian Paul was reported by media. The compliant was given by a lawyer in Taliparamba. He argued that even if the allegations are proved, there would be no case of defamation against him.

Justice G. Girish noted that even going by the complaint, it can be seen that he did not refer to the entire lawyer community. He only referred to the violent behaviour shown by certain group of lawyers. The Court emphasized that the former MP himself is a lawyer. The Court observed since it cannot be said that he insulted the entire lawyer community, the complainant cannot be considered as a person aggrieved by the statements.

“In this context, it is pertinent to note that the petitioner himself is a lawyer having practice in various courts including this Court. Thus the controversial remarks made by the petitioner in his speech on 20.10.2016 cannot be said to be one intended to denigrate the entire lawyer community. As such, it cannot be said that the above remarks of the petitioner had caused harm to the reputation of the first respondent as a member of the lawyer community.”

The petition was allowed and the proceedings pending before Taliparamba Magistrate Court was quashed.

The High Court had already quashed proceedings pending against Sebastian in 4 other courts.

Case No: Crl.MC 1280 of 2020

Case Title: Sebastian Paul v P. R. Ashokan and Others

Citation: 2024 LiveLaw (Ker) 804