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2020 Supreme(Del) 992

IN THE HIGH COURT OF DELHI AT NEW DELHI
Najmi Waziri, J.
Harper Collins Publishers India Pvt Ltd - Appellant
Versus
Sanchita Gupta @ Shilpi & Ors. - Respondent
First Appeal From Order No. 168 of 2020; Civil Miscellaneous Appeal No. 21973 of 2020
Decided On : 22-09-2020

Advocates Appeared:
Kapil Sibal, Advocate, Swathi Sukumar, Advocate, Ashima Obhan, Advocate, Naveen Nagarjuna, Advocate, Akanksha Dua, Advocate, Adit Subramaniam Pujari, Advocate, Essenese Obhan, Advocate, Raghav Tankha, Advocate, Devadutt Kamat, Advocate, Naman Joshi, Advocate, Karan Khanuja, Advocate

Headnote:(A) Indian Penal Code - Sections 342, 370(4), 120-B, 376-D, 376(2)(F), 509 - Juvenile Justice (Care and Protection of Children) Act, 2000 - Ex parte injunction against book publication concerning defamatory statements related to sexual assault allegations - Plaintiff sought injunction on grounds of reputational harm and ongoing legal proceedings, which the court noted must be weighed against freedom of speech - The court stressed the need for fair discussion based on established facts and clarified the significance of disclaimers related to pending appeals and accusations. (Paras 1-36)

(B) Injunction - Principles for grant of ex parte injunction - Must consider irreparable injury, good faith, and whether the plaintiff acquiesced - Courts should exercise caution in curtailing freedom of expression against claims of reputational damage. (Paras 5, 11, 13, 15, 21)

Facts of the case:
Plaintiff was convicted for sexual assault leading to a book by the defendant publisher, portraying events rooted in this conviction. The plaintiff's attempt to prevent publication was based on claims of defamation and the potential impact on her ongoing appeal against the conviction.

Findings of Court:
The ex parte injunction was unjustified, as prior media discussion indicated the plaintiff had knowledge of the publication. Court directed the disclaimer regarding her pending appeal to be more prominently displayed in future publications.

Issues: Did the plaintiff demonstrate the requisite harm for an injunction, and how should the court balance reputation against free speech?

Ratio Decidendi: The court held that while reputation is an important right, discussions based on established facts from court rulings are permissible; a broad injunction undermines public discourse.

Result: Appeal allowed, the injunction was set aside, and directions for clearer disclaimers were issued.

JUDGMENT

Najmi Waziri, J. - The appellant impugns an order dated 04.09.2020 passed by the learned Additional District Judge-02, Patiala House Courts, New Delhi, in CS No.275 of 2020, granting an ex parte injunction to respondent No.1 - Sanchita Gupta @ Shilpi (plaintiff Shilpi) apropos what she considers defamatory material, supposed to be published in a book called "Gunning for the Godman: The Story Behind Asaram Bapu''s Conviction" (hereinafter referred to as "the Book"). The substratum of her grievance apropos the Book is in para 14 of the plaint, which is reproduced hereunder:

    "....14. The defamatory statements and imputations from the Book published by Defendant No. 1 in the Article after permission from Defendant Nos. 3, 4 and 5 are quoted hereinbelow for ready reference along with a brief submission on the defamatory nature thereof:

    "The SHO paused for a moment to compose herself and recounted to me what the girl had told her, as she had told her. She began:

    "When I asked the girl to narrate the entire story to me, careful that se leave out no detail, this is what she told me in her own words...

    "I belong to Shahjahanpur, Uttar Pradesh. My father has a transport business there with about eleven trucks. For years, my entire family has been a devotee of Asaram Bapu My father even took loans to get a small ashram built there for guru ji. My brother and I were sent by my parents to Bapu''s gurukul [residential school} to study. We stay at the ashram-cum-hostel there.

    ''On the 2nd and the 3rd of August, I started feeling sick. Since I had not been well for two days, I felt weak and feel, My classmates somehow managed to take me to the room that I shared with other girls and laid me down on my bed Then, they informed the warden of the hostel. Shilpi ma''am, about my condition. When the warden came to my room she asked the other girls what had happened When they told her that I had not been feeling well for the last few days and had fallen down perhaps due to weakness she asked me to Lie down and take rest.

    "I slept, but the warden did not take me to any doctor for the next two days Then, on the third day, she called me down to the office of he director of the ashram. When I reached his office. Is that mother girl was already present there They told me that she was possessed by demons and was under the influence of evil spirits.

    "As I stood in front of the director, he looked at me for a long time and then told me flatly that I too, was under the influence of evil spirits He told me that I Needed to pray, chant mantras and perform rituals to ward off the evil spirits that had gained control over me and were making me sick.

    "I was told by both the warden and the director to become satvik virtuous) and spend more time in doing sadhana (concentrate/study religion). The very next day. I experienced an acute pain in my stomach, but still they asked me to sit and continue to perform religious rituals. I was made to sit through the chanting of the Mahamrityunjaya mantra to please Lord Shiva, and even asked to chant them. They did not even allow me to sleep.

    "The next day, as I lay in my room. Shilpi ma''am came in and said to me that was under the influence of evil spirits and the matter had been conveyed to Bapu. She asked me to tell my brother about it and also for my parents Saharanpur.

    "On the 7th of August, she telephoned my elder brother and made me tell him what she had asked me to say Upon her instructions I told my brother that my condition was very serious and that they should arrange to send me for treatment.

    "On hearing about my condition, my parents rushed to the ashram. They reached on the 8th of August but were prevented from meeting me. It was only on the 9th of August that they were finally allowed to meet me, but warden Shilpi was with us throughout our meeting She told my parents that I was under the influence of evil spirits that Bapu had already been informed of my condition and we would have to go wherever he cur































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