Defatmation case against Nettos dismissed

Nalini Netto and Desmond Netto were the first and second accused in the case respectively.

Exonerating the Nettos, the CJM held that a mere speculative inference made by Nadar without further information could not prima facie spell out a case. Since the complaint was based on surmises and conjectures, there was no justification for proceeding against the Nettos for offences under Sect 500 and 501 (punishment for making defamatory statement) of the IPC.

According to Nadar, as an IAS officer there were serious lapses on the part of Nalini Netto and she and her husband with the active assistance of the two other accused had hatched baseless allegations against him.

Nadar had sought prosecution proceedings against the accused.

Issuing summons to the two other accused in the case, the court held that the imputations in the news report of Thaniniram, a Thiruvananthapuram-based daily, especially the sexual actions alleged against the complainant, were per se defamatory.

The court observed that reading of the complaint and the statement of the complainant shows that the case of conspiracy was only an inference of the complainant. In normal circumstance, it is not possible for a woman of her status to be party to such a conspiracy as it would ruin her reputation as well, the court held.

Nadar had submitted that Nalini Netto, who was a senior IAS officer had abused her position and collected confidential cabinet agenda and published it for defaming him.