Naresh Kumar vs The Wire - 2023 Supreme(Del) 5803

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 5803

SACHIN DATTA
Naresh Kumar – Appellant
Versus
The Wire – Respondent

Advocates appeared:
Mr. Maninder Singh, Sr. Advocate and Mr. Rajshekhar Rao, Sr. Advocate along with Ms. Bani Dikshit, Advocate, Mr. Uddhav Khanna, Advocate, Mr. Krishan Kumar, Advocate, Mr. Rohan Jaitley, Advocate, Mr. Arkraj Kumar, Advocate, Mr. Rishab Aggarwal, Advocate and Ms. Tanya Aggarwal, Advocate, Ms. Ashita Chawla, Advocate and Mr. Ajay Sabharwal, Advocate, for the Appellant; Mr. Sarim Naved, Advocate and Mr. Harsh Kumar, Advocate, for the Respondent 1 & 2. Mr. Neel Mason, Advocate, Mr. Vihan Dang, Advocate, Ms. Aditi Umapathy, Advocate and Ms. Pragya Jain, Advocate, for the Respondent-4.

JUDGMENT

I.A. No. 22961/2023 (U/O XXXIX Rule 1 & 2 r/w Section 151 of CPC, 1908)

1. The present suit has been filed by the plaintiff, seeking permanent injunction, along with damages and compensation from the defendant nos. 1 & 2 on account of defamation.

2. The plaintiff is stated to be a highly reputed and admired civil servant, currently serving as the Chief Secretary of the Government of National Capital Territory of Delhi since 21.04.2023.

3. It is averred in the plaint that the defendant nos. 1 & 2 have made, published, circulated (or cause to be made/published/circulated) the article titled 'Links of Son of Delhi Chief Secretary to Beneficiary's Family in Land Over-Valuation Case Raise Questions' dated 09.11.2023 (hereinafter referred to as the impugned article), available at https://thewire.in/govemment/delhi-chief-secretary-nhai-land-compensation, containing libellous allegations and insinuations against the plaintiff, all which are false, malicious, motivated, tainted with collateral objectives, unfounded and misconceived, having been made knowingly and deliberately, calculated to harm the dignity and reputation of the plaintiff. The defendant no. 2, who is the correspondent