NEW DELHI: Mandhira Kapur Smith, sister of late industrialist Sunjay Kapur, on Thursday opposed the criminal defamation complaint filed against her by Priya Kapur before a city court, saying the case was not maintainable.
The court was hearing the complaint filed by Priya Kapur, who alleged that Smith made statements and accusations “injurious to her reputation” during a podcast that was available in the public domain.
Smith’s counsel argued that in a criminal defamation case, the meaning and character of a statement cannot be determined by isolating a few words or extracts from the surrounding factual context in which the statement was made.
“The statements must be read as part of the entire interaction in which they were made and not as disconnected fragments,” the counsel submitted before the court.
The counsel further informed the court that the parties were involved in several contentious disputes relating to the administration of the family estate and the affairs of certain family-controlled business entities.
“The statements referred to in the complaint arise from and relate to this broader background of disputes concerning the management and control of these matters. It would neither be appropriate nor consistent with the scheme of criminal procedure to proceed further without examining the factual context of the statements and the documentary material reflecting that context,” the counsel said. She also sought the court’s permission to place certain documents on record.