High Court of Delhi
THE HONOURABLE MR. JUSTICE KAILASH GAMBHIR
Nirmaljit Singh Narula
Versus
Sh. Yashwant Singh & Others
I.A. NO. 10017 OF 2012 IN CS(OS) 1518 OF 2012
Decided on : 14-09-2012
Civil Procedure Code, 1908 - Order 39 Rule 1 & 2 - Conditional injunction - Plaintiff sought ad-interim injunction against the Defendants for publishing defamatory content about the Plaintiff on their website - Main grievance raised by the plaintiff was that the defendants had defamed the plaintiff by publishing derogatory statements against the plaintiff, which according was a malicious campaign with some vested interest carried on by the defendants - Court faced with the situation where the defendants had levelled allegations against the plaintiff who claims himself to be a spiritual guru and a revered saint - Held : Freedom of speech and expression and that of the press is amenable to reasonable restrictions as per Article 19(2) which includes defamation - Media today is the messiah of the masses and it influences people's thoughts, actions and opinions on the most crucial of issues, keeping public debate alive - Fit case for the grant of a conditional injunction - Defendants restrained from licensing, writing, publishing, hosting or advertising any defamatory material against the plaintiff on their website or through any other print/electronic media to defame the reputation of the plaintiff - Petition allowed.
KAILASH GAMBHIR, J.
1. This order shall dispose of the application filed under order 39 Rule 1& 2 of CPC in the present suit, whereby the plaintiff is seeking adinterim injunction against the defendants for publishing defamatory content about the Plaintiff on their website.
Before I proceed to decide the aforesaid application, It would be pertinent to give a brief resume of facts that led to the filing of the present suit by the plaintiff:-
2. 2. As per the Plaintiff, Nirmaljit Singh Narula popularly known as “Nirmal Baba’is a highly revered spiritual guide, renowned worldwide for his spiritual discourses .The Plaintiff is also known for his healing powers, and regularly conducting assemblies called as “Samagams’. The preaching emphasize on the values of true, selfless prayer and devotion to one’s duties and guide his followers/devotees to abstain from, rather shun the path of “mantra”, “tantra” or “yantra”, or in other words “black magic” or “tantric practices”. The plaintiff teaches his followers to spiritually evolve their lives by believing
in the ultimate powers of the religion they follow. As per the Plaintiff, the plaintiff has lacs of followers in India and abroad and plaintiff’s website www.nirmalbaba.com is visited by over million followers in a month.
1. 3. The plaintiff started holding Holy Samagams (congregation) where the followers/devotees come to hear his spiritual discourses and seek his blessings.
2. 4. As per the plaintiff, The Defendant No.1 to 3 have authored and/ or published defamatory articles written by themselves and others along with defamatory comments posted by the third parties about the plaintiff on Defendant no.3 website in order to disparage and malign the reputation of the plaintiff.
3. 5. Further as per paragraph 4 of the plaint, defendant no. 1 to 3 have published nearly 80 articles about the plaintiff containing false and defamatory allegations and statements therein using the heading “fraud nirmal baba” , followed by number of articles written in series which show that this is a targeted, planned and malafide attack on the reputation of the plaintiff.
6. The Defendant wrote an article “Fraud Nirmal Baba”, which has been elaborately discussed on Star News Channel. The Plaintiff has also filed a similar suit for defamation against STAR T.V. which is pending before this Hon’ble Court. In the related article published on Defendant No.3 website, also authored by defendant No.3, plaintiff has been defamed by the defendants as the plaintiff in the said article has been termed as cheat and fraudster, an extract from the same is reproduced below:
“Other Language”
4. 7. As per the Plaintiff the Defendant’s work is belittling and degrading. Without there being any foundation and without taking any initiative of verification, the defendants have been publishing the disparaging material against the plaintiff as averred in the plaint.
5. 8. The defendants have further used utter derogatory and defamatory expressions qua the plaintiff by stating :
“Other Language”
1. 9. In another article published by defendants No.1 to 3 titled “fraud Nirmal baba”, defendant No.3, inter alia, falsely alleged that plaintiff engages in black-marketing the samagams tickets. A nominal fee of INR 2000 is charged per person for participation in a samagam in order to meet the expenses of the arrangements made for the samagams. The defendant No.1-3 published the said article wherein it is falsely alleged that plaintiff is engaged in black marketing the tickets of the Samagams which is completely false and devoid of any merit. The defendant further relies on an alleged sting operation conducted by the India TV on 13.4.2012.
2. 10. In the same article the defendants falsely alleged that the plaintiff induces the devotees to pay donation after samagams which as per the plaintiff is completely untrue and boisterous. The Plaintiff further submitted that the articles about the plaintiff on the website (defendant no.3) ar
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