The Supreme Court has confirmed that a Singapore-based firm will pause defamation proceedings against Dr. Subramanian Swamy. The final hearing is set for April 9.
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On 19th February, the Supreme Court officially documented the statement from a Singapore-based firm, announcing its decision to temporarily suspend defamation proceedings against former Union Minister Dr. Subramanian Swamy. This revolves around objections raised by Advantage Strategic Consulting concerning unverified references made by Swamy during a press conference in April 2012, linking the firm to the 2G spectrum case. The defamation suit was initially filed by Advantage Strategic Consulting in the High Court of Singapore.
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Background –
Dr. Subramanian Swamy conducted a press conference in New Delhi, criticizing the ‘Aircel-Maxis’ deal and making alleged defamatory remarks against the appellant company. The company filed a defamation suit in the High Court of Singapore, claiming damage to its reputation and loss of business in Singapore. Swamy countered with a contempt petition in the Supreme Court, arguing that the Singapore suit was an attempt to obstruct justice.
The contempt petition was dismissed, and Swamy then filed a suit, asserting that the press conference’s wide media coverage should not lead to a Singapore suit based on internet content. The Single Judge ruled in Swamy’s favor, stating that the High Court of Singapore lacked jurisdiction, and the appellant, as a subsidiary of an Indian company, should be under the jurisdiction of the court. The appellant now appeals this decision.
A Bench comprising Justice Surya Kant and KV Viswanathan has scheduled the matter for a final hearing on April 9, marking a significant development in the legal proceedings. Dr. Swamy had approached the Supreme Court to challenge a Madras High Court order that permitted Advantage Strategic Consulting to pursue its defamation suit.
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The apex court had previously issued notice to the firm in August, coupled with an oral directive requesting a temporary halt to the defamation proceedings. Today’s proceedings reiterated this request, with the firm’s counsel, Jai Anant Dehadrai, formally affirming the decision.
Senior Advocate Vibha Datta Makhijha, along with Advocates Satya Sabharwal and Baani Khanna, represented Dr. Subramanian Swamy during the proceedings. They brought to the court’s attention that the Indian arm of Advantage Strategic Consulting maintained complete Indian shareholding, as documented by the Union Corporate Affairs Ministry records.
The legal tussle dates back to 2014 when a single-judge of the Madras High Court had barred Advantage Strategic Consulting from filing a defamation suit in Singapore against Dr. Swamy. However, in the recent judgment delivered on April 18, a division bench comprising Justices SS Sundar and PB Balaji overturned this injunction order.
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The division bench reasoned that the court lacked jurisdiction to issue an anti-suit injunction against a foreign company and emphasized that the High Court could not determine the jurisdiction of the Singapore High Court in the matter.
The case, titled [Dr. Subramanian Swamy v. Advantage Strategic Consulting Pvt Ltd and anr,]
