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IN THE HIGH COURT OF DELHI
Rajiv Sahai Endlaw, J.
S.C. Vats - Appellant
Versus
Shipra Singh - Respondent
CS(OS) 41 of 2020
Decided On : 31-01-2020
| Table of Content |
|---|
| 1. permanent injunction for defamatory content. (Para 7) |
| 2. arguments regarding removal of defamatory content. (Para 8 , 10 , 12) |
| 3. court's reasoning on the election-related disclosures. (Para 9 , 11 , 13) |
| 4. restraint on communication during elections. (Para 14) |
ORDER
IA No.1456/2020 (for exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
IA No.1454/2020 (under Section 148 CPC)
3. Accepting the undertaking of the counsel for the plaintiff that the deficiency in court fees will be made up within one week, the time for depositing the entire court fees is extended by one week.
4. If the court fees is not filed, the Registry to put up the matter before this Court.
5. The application is disposed of.
CS(OS) 41/2020, IA No.1453/2020 (under Order XXXIX R-1&2 CPC) & IA No.1455/2020 (under Order II Rule 2 CPC)
6. The suit, on urgent mentioning, was ordered to be listed today itself for hearing.
7. The plaintiff, a contestant for the Delhi Legislative Assembly Election, 2020 scheduled on 8th February, 2020, from Shakur Basti constituency, has instituted this suit against defendants no.1 to 5 viz. (i) Shipra Singh, (ii) Hindustan Times, (iii) Google India Pvt. Ltd., (iv) Google Inc. and (v) Ashok Kumar, for (a) permanent injunction to restrain the known and unknown defendants from publishing or disseminating the defamatory material as specified in paragraphs 22,23 and 25 of the plaint or the material as detailed in the list of documents filed with the plaint; (b) mandatory injunction directing the defendant no.2 to take down the offending article/publication, titled "BJP Leader S.C. Vats booked for sexually assaulting a woman" available at URL www.hindustantimes.com/delhi/bjp-leader-sc-vats-booked-for-sexually-assaulting-a-woman/story-oVC0WUwHgSf7WO7 aRbDwOP.html; and, (c) mandatory injunction directing the defendants no.3 and 4 to remove the links to the offending articles detailed in paragraph 22 of the plaint.
8. The senior counsel for the plaintiff has contended that, (i) the defendant no.1 had lodged a complaint against the plaintiff of the offences under Section 376 (2), 354, 354A,B&D, 201 and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC) and Section 67 of the Information Act, 2000 and on which FIR No.149/2015 of Police Station Maurya Enclave, Delhi was registered against the plaintiff; (ii) the plaintiff, vide order dated 18th January, 2018 of the Court of Additional Sessions Judge (ASJ), Special Fast Track Court, North-West, Rohini Courts, Delhi, was discharged of the offence of rape and the prosecution remitted to the Magistrate for trial of other offences; (iii) the plaintiff has not been charged as yet; (iv) however on the platform of defendant no.2, the following report dated 19th February, 2015 is still available:
"BJP leader SC Vats booked for sexually assaulting a woman
A BJP leader who unsuccessfully contested the recent Delhi Assembly elections from Shakur Basti has been booked for allegedly molesting and sexually assaulting a woman while she was attached with an institute in Delhi, police said on Wednesday.
According to police, SC Vats, who is chairman of an institute in the Pitampura area of north-west Delhi, has been booked under Sections 354 (assault or criminal force to woman with intent to outrage her modesty) and 376 (rape) of IPC.
In her complaint lodged at Maurya Enclave police station on January 28, the 33-year-old victim has alleged that Vats raped her on several occasions while she was working at the institute.
She also told police that the BJP leader allegedly used to pass remarks at her and threatened her with dire consequences if she told anyone about the assault.
The complainant said she quit her job in May, 2014, due to the continuous assaults and harassment by Vats.
"Police have registered a case against Vats and further investigation is on," said Deputy Commissioner of Police (north-west), N Gananasambandan.
Vats, who was i
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