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ජනාධිපතිට අපහාස වන FB පෝසට් තහනම්..- පොලිස් මාධ්ය ප්රකාශක
- Thread starter SLK_sri
- Start date
First there is no criminal offence for the Police to arrest or deal. So this is another wrong statement. Like many other statements and many gazettes.
But, irrespective of person (whether president or a voter ) cannot be defamed and the remedy is Civil action in court seeking damages. This is a Distric Court action filed by lawyers , police cannot do this at all(this is another joker like AAL police spokesman who said that you can kill a thief who enters your premises! You can kill a person only to the extent to protect you , your property and another person or property but it should be proportional . If AAL does not know this I can only blame the examiners of Law College for passing such a person without basic Criminal Law knowledge and also to our Police Dept for promoting such a person to the level and using him as spokes person to spread lies. This was just one example only.
Police can come and give evidence as to any investigation they did but they cannot arrest for Defamation of a person whether the person defamed was HE or farmer!
Face Book post , Twitter etc are all covered as they are publications - but only civil action. You need not be the maker of post if you share it or comment on that or even a like it may be sufficient for defamation. So be careful!! (our Criminal Defamation was removed from Penal Code nearly two decades ago. Police may be using old Penal Code!!)
So if they come to arrest or arrest you remedy is to , seek legal remedy. You can file an action for unlawful arrest , Fundamental Rights Violation or damages action . (this is the law not how our courts will apply!!)
This is the Law . I do not know how these are implemented by courts (some strange things happen. eg Stay order granted against Letter of Credit which was unconditional by Commercial High Court, A person being arrested and bailed for tooting horn in a traffic jam in protest of chinese FM and many more to describe here)
But, irrespective of person (whether president or a voter ) cannot be defamed and the remedy is Civil action in court seeking damages. This is a Distric Court action filed by lawyers , police cannot do this at all(this is another joker like AAL police spokesman who said that you can kill a thief who enters your premises! You can kill a person only to the extent to protect you , your property and another person or property but it should be proportional . If AAL does not know this I can only blame the examiners of Law College for passing such a person without basic Criminal Law knowledge and also to our Police Dept for promoting such a person to the level and using him as spokes person to spread lies. This was just one example only.
Police can come and give evidence as to any investigation they did but they cannot arrest for Defamation of a person whether the person defamed was HE or farmer!
Face Book post , Twitter etc are all covered as they are publications - but only civil action. You need not be the maker of post if you share it or comment on that or even a like it may be sufficient for defamation. So be careful!! (our Criminal Defamation was removed from Penal Code nearly two decades ago. Police may be using old Penal Code!!)
So if they come to arrest or arrest you remedy is to , seek legal remedy. You can file an action for unlawful arrest , Fundamental Rights Violation or damages action . (this is the law not how our courts will apply!!)
This is the Law . I do not know how these are implemented by courts (some strange things happen. eg Stay order granted against Letter of Credit which was unconditional by Commercial High Court, A person being arrested and bailed for tooting horn in a traffic jam in protest of chinese FM and many more to describe here)
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