Swami Balendu’s legal Notice to Kumar Swami due to Defamation – 29 Jun 12

City:
Vrindavan
Country:
India

Read this article in Hindi

If you have read my diary in the last days, you have read about my interview exposing Kumar Swami, the diary entry I wrote about him in 2011 and the abusive language he used for me on a live TV interview that millions of people watched all over the world. We decided not to leave this but to take proper legal action. Some people advised me to just leave the whole topic now. Some of his followers accused me that I am doing this only for popularity and money and use abusive language against me themselves, even much more insulting than him.

I know that he is very popular, much more than I am and that is the reason why I cannot just leave it as it is – he, a person so many people know, has said this in front of a camera broadcasting everywhere. If I did not take legal action now, everybody would think what he said was right! I have to present the truth and this is why I went to meet our lawyer. I am not as popular as he is but people do know me and my family, too, especially here in Vrindavan. We are not as rich as he is but we do have a reputation.

As I said in the TV interview, I really do not have any personal issue with Kumar Swami. I write against people who in my opinion fool the public by presenting themselves as Gods and about corrupt religious practices. I have written about many other people like Kripalu, Nithyananda, Prakashananda or Nirmal Baba and many of their disciples have become angry with me and write insults on websites and blogs. Kumar Swami however took this to a personal level and insulted me personally. This is why we do not have any other option that taking legal action.

After a meeting with our lawyer, I want to present you the result, the official legal notice written by our lawyer, including the exact wording of Kumar Swami’s insults. The original is in Hindi, of course, and you can download it here. We did our best however to translate it into English so that you can read it here:

Legal Notice

Swami Balendu vs. Kumar Swami

Swami Balendu Goswami, son of Balakram Goswami, resident of Shree Bindu Sewa Sansthan, Ram Nagar, Parikrama Marg, Vrindavan, Mathura

vs.

Brahmrishi Shri Kumar Swami, son/disciple of unknown, Office Address: C-27 Greater Kailash Enclave I, New Delhi 1100448, Residential Address: Bhagwan Shree Lakshmi Narayan Dham, 5/120, Sant Nirankari Colony, Delhi 110009

Under instruction and on behalf of our client Swami Balendu, I do hereby serve upon you, the opposing party, with the following notice:

  1. As you know, you have claimed about yourself that you can cure incurable diseases and have supernatural powers, that you saved Bill Clinton’s chair and reputation, that the New Jersey Senate honoured you and that you want to build a ‘Golden Temple of Radha Krishna’ with 5 Lakh Crore (5 Trillion) Rupees on a ground of 108 acre in Vrindavan. You have made many such claims through newspapers, different media and from open stage.
     
  2. As you know yourself, you did this kind of claim to make people greedy and attract them to you and you encourage them to give you their money. You succeeded in that. In short time you earned enourmous amounts of money and wealth from people.
     
  3. As you know well yourself, the claims that you made to attract people are baseless. Even after knowing that you misguide the public, you earned money and wealth from them.
     
  4. My client wrote healthy, argumentative, thoughtful criticism of your claims in his blog, providing facts and proof for his words.
     
  5. As you know yourself, after reading that blog entry by my client about yourself, you or your people phoned and wrote emails with the aim of evoking greed in my client and in which you requested him to remove the article. When my client was not ready for this, you sent a warning of legal action by mail to my client. As the criticism done by my client was based on facts and proof, my client asked you to proceed with legal action and he would reply accordingly in court.
     
  6. This threat of legal action remained a threat because you knew very well that the action of my client was right. That’s why you did not have the courage and were not able to proceed with legal action.
     
  7. As you know yourself, on 24th June 2012, the TV channel India TV invited my client to their studio for an interview. You were invited for an interview, too. At first you accepted but when you got to know my client would be there, you refused to come to the interview in the last moment.
     
  8. The interview of my client was broadcasted live and all over the world through the TV channel India TV. You were already angry with my client. Seeing this interview put you into rage which made you plan the defamation of my client. According to that plan, you gave an interview on the India TV channel on 26th June 2012 in which the TV channel anchor asked you different questions about the allegations on you. You however gave evasive answers and explanations. Additionally you intentionally defamed my client which was your aim even though you knew that the dirty accusations that you voiced for my client are false and baseless. In the interview you said the following words about my client:

    “Balendu is lying, he is a conman, he has conned many people through the internet. He is a big robber who robbed many people. There are many reports against him in the police station. People don’t think good of him. He does blackmailing through the internet!”

    This interview by you was broadcasted by the TV channel India TV on 26th and 27th June 2012 and many people in India and other countries abroad watched it.
     

  9. After seeing your interview, my client started receiving phone calls from friends and acquaintances and in society people started talking about my client. People in society started questioning the truthfulness, honesty, character, good intention and social work of my client. Due to this, his reputation in society and his image were damaged and in this way you defamed him.
     
  10. As you knew already, the accusations that you are voicing against my client are false, lacking any truth and baseless. Even though you knew this, you intentionally defamed him with these words in your interview.
     
  11. Your action described above is a legal offence and is punishable under Act IPC 500. With this notice we want to inform you that within a week you should clarify why charges should not be filed against you for intentionally defaming my client. If we do not get your reply within this timeframe, we will believe that you have nothing to say in reply to these accusations. My client will then go ahead to file criminal charges and start the procedure for damage control. You will be held responsible for the result and all expenses.
29th June 2012

Nandkishor Upmanyu
Advocate

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