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2014 Supreme(Del) 157

High Court of Delhi
THE HONOURABLE MR. JUSTICE MANMOHAN SINGH
Swatanter Kumar
Versus
The Indian Express Ltd. & Others
I.A. No. 723 of 2014 in CS(OS) No. 102 of 2014
Decided On : 16-01-2014

Advocate Appeared:
For the Plaintiff:Mukul Rohatgi, A.S. Chandhiok, Rajiv Nayar, Neeraj Kishan Kaul, Vinay Bhasin, Maninder Singh, Kirti Uppal, Sandeep Sethi, Aman Lekhi, Senior Advocates with Sudhir Walia, Ralan Karanjawala, Ms. Fareha Ahmad Khan, Abhijat, Mohit Mathur, P. Banerjee, Ms. Manmeet Arora, Ms.Meghna Mishra, Akshay Makhija, Ashish Dholakia, Abhimanya Mahajan, Ms. Mansi Sharma, Ms. Nidhi Parashar, Ms. Niyati Kohli, Varun Kumar Tikmani, Advocates. For the Defendants:D-3, Ashwani Mata, Dinesh Dwivedi, Senior Advocates with Vijay Sondhi, Kunal Tandon, Kapil Arora, Ms. Nidhi, D-4, Saif Mahmood, D-6, Vineet, Tayal, Advocates, Rajeeve Mehra, ASG with Sachin Datta, CGSC.

Headnote:

Civil Procedure Code, 1908 -Order 39 Rule 3 - Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - Constitution of India, 1950 - Article 19(2) - Offending publication - Permanent injunction - Damages - Suit for permanent injunction from publishing, republishing, reporting and telecasting news - Alleged incident is of May, 2011 - Complaint was filed before the Chief Justice of India in November, 2013 - Allegations have neither been examined or tested in any Court of law nor have they been proved - No civil or criminal case has been filed by defendant No.5 nor any cogent evidence has been produced - How the TV channels have received the copy of the complaint, name of the plaintiff and his photograph is not clear - Plaintiff has an illustrious career spending over 43 years and has earned name in bar and bench and has an impeccable reputation and is well-known for his integrity and high moral values - There should be a limitation of time for the purpose of filing of such complaints, otherwise no one would know when the complaint ought to have been filed and decided - If the complaint is found to be false after inquiry, no one would make responsible to compensate and return the repute and sufferings of the plaintiff - Identity of the plaintiff is already disclosed prior to approaching this Court - Photograph of the plaintiff is repeatedly shown in the national dailies and televised news on day to day basis - Publications of the same is postponed and defendant is restrained from publishing the photograph of the plaintiff till the time any fact finding is made by the relevant authorities.

Judgment :

Manmohan Singh, J.

1. The plaintiff has filed the abovementioned suit for permanent injunction and damages against six defendants, namely, (i) The Indian Express Ltd. through Editor-in-Chief and Publisher, (ii) Mr. Maneesh Chibber, Reporter, The Indian Express Ltd., (iii) Bennett, Coleman and Company Ltd., The Managing Director & The Editor-in-Chief of ‘Times Now’, (iv) Global Broadcast News (GBN) through Managing Director, Editor-in-Chief of ‘CNN-IBN’ and Turner International through Managing Director, (v) Ms. Intern through defendant No.2, and (vi) Union of India through the Secretary, Ministry of Information and Broadcasting.

2. The plaintiff has prayed for the relief of permanent injunction against the defendant Nos.1 to 5, its associates, sister concerns, its agents, representatives, correspondents, officers, employees and/or any other person, entity, in print or electronic media or via internet or otherwise from publishing, republishing, carrying out any further reports or articles or any other matter telecasts or repeat telecasts or programs, or debates or any discussion or reporting of any kind, directly or indirectly, pertaining to the purported complaint dated 30th November, 2013 and also prayed for a decree of damages against the said defendant Nos.1 to 5, jointly and severally, at least for an amount of `5 crores or for any higher amount and sought leave of this Court in this regard.

3. Admittedly, the plaintiff has been an eminent lawyer for 23 years before being elevated to the position of a Judge of this Court. The plaintiff then served as a Judge in the High Court of Punjab and Haryana at Chandigarh and thereafter returned as a Judge of this Court, before being elevated to the position of Chief Justice of the Bombay High Court. The plaintiff was elevated to the Hon’ble Supreme Court of India on 18th December, 2009 and resigned on 19th December, 2012 to take over as the Chairperson of the National Green Tribunal, a position that he presently holds. The plaintiff has served as a Judge for over 23 years in his career.

4. The plaintiff is stated to have approached this Court as a consequence to the breach of his fundamental and personal rights, due to the alleged defamatory and malicious acts of defendant Nos.1 to 5.

5. Defendant No.5, details relating to whose identity are not disclosed and who is now stated to have become a lawyer, is stated to have sent an affidavit dated 30th November, 2013 to the Hon’ble Chief Justice of India making certain allegations against the plaintiff. Defendant No.5 claims to have interned under the plaintiff in the Hon’ble Supreme Court of India, however, the plaintiff on the basis of the information received regarding the name of the defendant No.5 from defendant No.2, mentioned that defendant No.5 was neither an intern nominated by the Supreme Court nor by the plaintiff himself. With a view to safeguarding her dignity and maintaining her privacy, the identity of the said defendant Nos.5 at this stage, is being kept confidential and this defendant is not being named and is being referred to as the “intern”. However, for the sake of disclosure to this Court, the plaintiff has filed the name of the defendant No.5 in a sealed envelope.

6. Defendant No.1 is a prominent national daily having high circulation both in India and abroad. The defendant No.2 is the author of the alleged defamatory news items published by the defendant No.1 on 10th January 2014, 11th January 2014 and 13th January 2014. The defendant Nos.3 and 4 are broadcasters who telecast news and current affairs on their TV channels; defendant No.3 is the owner of the TV channel “Times Now” while the defendant No.4 is a partnership entity between Global Broadcast News and Turner International which owns and operates the TV channel “CNN-IBN”.

7. The defendant No.6 is the Union of India through the Secretary, Ministry of Information and Broadcasting, Government of India, which has regulatory control over the print, electroni


































































































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