IN THE HIGH COURT OF DELHI AT NEW DELHI
Chandra Dhari Singh, J.
Taru Puri – Appellant
Versus
Anmol Sheikh Alias Malaika & Ors. – Respondents
CS(OS) 91 of 2023
Decided On : 09-02-2023
Cyberbullying - Injunction - Civil Procedure Code, 1908 - Section 151, Order XXXIX Rule 1 and 2 - Section 151 - In-Camera Proceedings
Fact of the Case:
The plaintiff, a Bollywood movie producer, sought injunction and damages against the defendant for continuously using abusive language and making derogatory statements against the plaintiff and her family on social media platforms. The plaintiff claimed to be a victim of hate crime due to her success in the film industry.
Finding of the Court:
The Court found a prima facie case in favor of the plaintiff due to the harassment and cyberbullying by the defendant on various social media platforms. The Court granted an ex-parte and ad-interim injunction restraining the defendant from using any platform for making derogatory remarks against the plaintiff or her family members.
Issues: The issues involved the continuous abusive language and threats made by the defendant against the plaintiff and her family on social media platforms, leading to the plaintiff seeking injunction and damages.
Ratio Decidendi: The Court invoked Section 151 of the Civil Procedure Code to grant injunction and allowed in-camera proceedings to protect the dignity and reputation of the parties involved.
Final Decision: The Court granted an ex-parte and ad-interim injunction restraining the defendant from using any platform for making derogatory remarks against the plaintiff or her family members. The Court also allowed in-camera proceedings for the examination of videos and CD/Pen Drive as evidence.
ORDER
CS(OS) 91/2023
1. The instant plaint has been filed on behalf of the plaintiff seeking the following reliefs:
"A. Kindly be pleased to allow the present Civil Suit and award the Decree of Perpetual Injunction in favor of the Plaintiff and against the Defendant No. 1 i.e., Ms. Anmol Sheikh Alias Maliaka from permanently restraining from any acts of harassment and cyberbullying by making derogatory/defamatory statements against the Plaintiff and her family on any social/public media platform.
B. Kindly be pleased to Decree of Directions in favour of the Plaintiff and against the Defendant No. 2 i.e., Instagram and Defendant No. 3 i.e., YouTube to permanently remove the derogatory and defamatory statements due to the acts of harassment and cyberbullying by the Defendant No. 1 i.e., Ms. Anmol Sheikh Alias Maliaka against the Plaintiff. Details of the are as follows
i. Instagram ID @Malaika_s_98
ii. YouTube Channel "Insta King Panodi" vide title "Panodi Live Malaika vs Balyan on live" Link: https://youtu.be/snK011829qQ.
C. Kindly be pleased for the Decree for the Direction upon the Defendant No. 1 i.e., Ms. Anmol Sheikh Alias Maliaka to issue a sincere Public Letter of Apology for the cause of distress as suffered by the Plaintiff due to harassment and cyberbullying.
D. Kindly be pleased for Decree for the grant of Damages for value of Rs.2,01,00,000/- (Rupees Two Crores and One Lac Only) in favor of the Plaintiff citing the derogatory and defamatory statements due to the acts of harassment and cyberbullying as made by the Defendant No. 1 i.e., Ms. Anmol Sheikh Alias Maliaka against the Plaintiff.
E. Any other order or directions including the costs of the Civil Suit (Court Fee/Litigation and Other Fees) as the Hon'ble Court may deem fit and proper in the facts and circumstances of the case be also passed in favor of the Plaintiff."
2. The plaintiff is a Bollywood movie producer who has approached this Court seeking injunction and damages against defendant no.1, Ms. Anmol Sheikh alias Malaika. Learned counsel for the plaintiff submitted that the defendant no.1 has been continuously using abusive language against the plaintiff and her family members and has even called upon her followers to rape the plaintiff and her daughters. The defendant is said to have used the platforms, namely defendant no. 2/Instagram and defendant no. 3/YouTube to hurl these abuses, threats and incitement against the plaintiff through live sessions as well as through recorded videos. It is submitted that the plaintiff is a victim of hate crime due to her success as a well-known celebrity and as a Producer in the Bollywood film industry.
3. It is further submitted that the plaintiff issued Legal Notice upon the defendant no. 1 to cease and desist from the malicious acts being perpetrated against the plaintiff and her family. Notices were also served upon the defendants no. 2 and 3 calling upon them to remove the hateful content and to restrain the defendant no.1 from continuing her hateful acts against the plaintiff.
4. It is stated that after receiving the said notice, the defendant no. 1 stepped up her hate speech against the plaintiff and her family. It is thus submitted that the plaintiff has no other legal remedy but to approach this Court praying for injunction and damages against the defendant no. 1.
5. Heard learned counsel for the plaintiff and perused the record.
6. Let the plaint be registered as a suit.
7. Learned counsels for defendant no. 2 have appeared before this Court, therefore, there is no need to issue formal summons to the defendant no. 2. Issue summons to defendants no. 1 and 3 through all permissible modes. The summons shall indicate that the written statement(s) be filed within thirty days by the defendants from the date of receipt of summons.
8. Along with the written statement(s), the defendants shall also file affidavit of admission/denial of the documents of the plaintiff, without which the written statement(s) shall not b
The main legal point established in the judgment is the Court's use of Section 151 of the Civil Procedure Code to grant injunction and allow in-camera proceedings to protect the dignity and reputatio....
The court ruled that the right to freedom of speech takes precedence over defamation claims unless a strong prima facie case is established, underscoring the necessity to balance fundamental rights.
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