A criminal-defamation complaint arose from allegations submitted to the State Information Commission and their alleged circulation among third parties.
Judge / Bench — Hon’ble Mr. Justice Wasim Sadiq Nargal, Judge
The Jammu & Kashmir and Ladakh High Court applied the Eighth Exception to Section 499 RPC, emphasising protection for good-faith accusations before an authority competent over the subject matter, rather than blanket immunity for every communication to a public body. The complaint and accompanying material did not sustainably displace that protection; alleged external circulation also lacked supporting material. Prior litigation alone was not conclusive, but the cumulative circumstances supported the retaliatory character of the prosecution. The complaint and process order were quashed. The practical inquiry remains good faith, lawful competence, context and evidence of any separate publication.
Case — Kamal Saini v. Pritam Singh Saini · CRMC/176/2018 · 30 October 2026 · Jammu wing
Advocates appearing — Petitioner — Mr. Anil Sethi, Advocate. Respondent — Mr. Ajay Sharma, Sr. Advocate, with Mr. Naveed Naik, Advocate.