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2017 Supreme(Del) 4850

IN THE HIGH COURT OF DELHI AT NEW DELHI
MANMOHAN, J.
Dr. Shashi Tharoor – Plaintiff
Versus
Arnab Goswami and Anr. – Defendants
CS(OS) No. 253 of 2017
Decided On : 01-12-2017

Advocates Appeared:
For the Plaintiff :Mr. Salman Khurshid, Senior Advocate with Mr. Gaurav Gupta, Mr. Muhammad Ali Khan, Mr. Jaspal Singh, Mr. Namrah Nasir, Ms. Azra Rehman, Mr. Omar Hoda and Ms. Sakshi Kotiyal, Advocates.
For the Defendant :Mr. Sandeep Sethi, Senior Advocate with Ms. Malvika Trivedi, Mr. Debarshi Dutta, Mr. Mrinal Ojha, Mr. Rajat Pradhan and Ms. Sriparna Dutta, Advocates.

Headnote:

Civil Procedure Code, 1908 - Order 39 Rules 1 and 2 - Constitution of India, 1950 - Article 19 - Defamatory remarks - Damages - Injunction, denied - Defamatory remarks made against the plaintiff - Reporting or broadcasting any show related to the death of Mrs. Sunanda Pushkar - Defendants have highlighted the evidence with respect to the death of the wife of the plaintiff, a public figure - Reporting is a case of legitimate investigative journalism - Even three and a half years after the death, no charge-sheet has been filed - Still defendants cannot be denied the right to telecast a story as it is a matter of substantial importance - Documents and materials highlighted by the defendants seem prima facie relevant - Held, stories have not been aired by the defendants with a reckless disregard for truth or precipitated by actual malice.

Constitution of India, 1950 - Article 19 - Allegation - Telecast - Clarification sought - Right to silence - Freedom of press - Constitutional guarantee - Defendant no. 1 in his telecast has repeatedly insisted for clarification about the murder of her wife - Plaintiff has a right to silence - No person can be compelled to give testimony which may incriminate him - Defendants have the right to air their stories and the same cannot be curbed, but it has to be tempered and balanced - When criminal investigation has commenced, media reporting should be sensitive to the indeterminacy of the questions raised in the proceedings - Press cannot "convict anyone" or insinuate - Defendants had assured that the defendants in future would exercise restraint and defendants are held bound by the same.

JUDGMENT:

MANMOHAN, J.

I.As. 6674/2017, 8809/2017 and 10378/2017

1. Present suit has been filed seeking compensation and damages from and against the defendants for making defamatory remarks against the plaintiff as well as for permanent and prohibitory injunction restraining the defendants from reporting any news or broadcasting any show related to the death of Mrs. Sunanda Pushkar till the investigation is complete and also to restrain the defendants from maligning and defaming the plaintiff in any manner.

2. With consent of parties, the three interim applications being I.A. Nos. 6674/2017, 8809/2017 and 10378/2017 were taken up for hearing and disposal.

RELIEFS IN I.A. 6674/2017

3. In I.A. 6674/2017 under Order 39 Rules 1 and 2 CPC accompanying the suit, the plaintiff prays for the following reliefs:-

"(A) Grant an ad interim ex-parte injunction in favour of the Plaintiff and against the Defendants for restraining the Defendants from reporting any news or broadcasting any show related to the death of the Deceased till the pendency of the present proceedings;

(B) Grant an ad interim ex-parte injunction in favour of the Plaintiff and against the Defendants for restraining the Defendants from maligning and defaming the Plaintiff in any manner; and

(C) Pass such other and further Orders as may be deemed appropriate by this Hon'ble Court."

HEARING ON 29th MAY, 2017

4. On 29th May, 2017, this Court after hearing both the parties orally observed that the defendants can air stories containing facts relating to investigation into Mrs. Sunanda Pushkar's death, but cannot call the plaintiff a criminal or condemn him as guilty. This Court had also stated that the defendants must bring down the rhetoric. At that stage, Mr. Sandeep Sethi, learned senior counsel appearing for the defendants had stated that he would advise his clients accordingly. Consequently, the Court did not pass any formal order.

RELIEFS IN I.A. 8809/2017

5. During the pendency of the proceedings, the plaintiff filed another interlocutory application under Order 39 Rules 1 and 2 CPC being I.A. 8809/2017 praying for the following reliefs:-

"(a) Direct the Defendants not to make any defamatory publications against the Plaintiff in any manner;

(b) Direct the Defendants not to cast aspersions on the Plaintiff and not to state or imply that the Plaintiff is directly or indirectly responsible for the death of the Deceased.

(c) Direct the Defendants to refrain from indulging in misleading news reporting in any form whatsoever;

(d) Direct the Defendants to not post any material related to the present Civil Suit on its Twitter, Facebook and any other social media website;

(e) Direct the Defendants to refrain from misrepresenting the facts of the case and broadcasting outright lies and to confine their reporting only to the established facts as reported by the Police and accepted in a Court;

(f) Direct the Defendants not to mention the expression "Murder of Sunanda Pushkar" anywhere since it is yet to be established by a competent Court of law that the death of the Deceased was a 'Murder', in order to ensure that the Trial of the case is not prejudiced;

(g) Direct the Defendants to refrain from inciting their journalists or guests on their channel to assume criminal guilt on the basis of their false assertions;

(h) Direct the Defendants to refrain from posting or reporting any content which is contrary to the assurance which was given by the Counsel for the Defendants on the first date of hearing, i.e., on 29.05.2017; and

(i) Pass such other and further order(s) as this Hon'ble Court may deem fit and appropriate herein.

HEARING ON 04th AUGUST, 2017

6. The aforesaid application was filed on the ground that despite the assurance given by learned senior counsel for defendants on 29th May, 2017, the defendants continued to engage in defaming and maligning the plaintiff. Learned senior counsel for pl























































































































































































































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