Your Advocate

Q: I am a former government employee. During my serving time I worked in some important office of the government and as such I had the opportunity to witness some misdeeds of some high Govt. offials and ministers. Now I am planing to write a book on my experience where I want to make some of the misdeeds and also make some official documents public. Will it be a criminal offense if I do so? Please advice.
H.H,
Dhanmondi, Dhaka.

Your Advocate: I appreciate your inner urge to disclose the misdeeds committed by some high officials of the Govt. and Ministers in the book ( seemingly an autobiography) that you are planning to write. You are a former Govt. employee and willing to make public the misdeeds done by and the documents bearing testimony of the misdeeds of those high ups experienced by you during your service-life. The question is whether such publication, if any, will amount to criminal offence. The query is plain and simple but the answer involves a mixed question of laws and facts calling for a bit of reflection on both. Any person making or publishing any imputation concerning any person intending to harm or knowing that such imputation will harm the reputation of such person shall be punishable for defamation. Law, at the same time, says, it is not defamation to impute anything which is true and for the public good the imputation should be made or published. Law goes further to say that it is not defamation to express in good faith any opinion respecting conduct of a public servant in the discharge of his public functions, or respecting his character so far as that relates to such conduct. The main thrust of law is that the writer's efforts need be fair and honest taken for public good and not prompted by malice or personal vendetta and the writer must keep himself within the bounds of things which is substantially true or he reasonably believes to be true as a man of prudence. It is clear that law permits you to put on paper things much beyond you are contemplating to do. Your case is clear as emanates directly from personal experiences and documents. Still, without meaning discouragement I feel like telling you that materialisation of your pious wish will depend more on your commitment and moral courage than on law. You have to be prepared at the same time to face court should litigation arise as this kind of things do not usually go unchallenged and the questions of 'truth or falsehood' 'good faith' and 'public good' remains to be questions of facts to be looked into by court. In the peculiar circumstances possession of the official documents does not attract The Official Secrets Act, 1923, but for its use in a book of the kind it would be advisable for you to take permission from the appropriate authority.