Delhi High Court Issues Notice On Anjana Om Kashyap's Plea Against Remarks By Khan Sir, Others; Refuses Interim Relief For Now

The Delhi High Court on Monday issued notice on application for interim relief moved by Journalist Anjana Om Kashyap and TV Today Network against allegedly defamatory remarks by exam coaching teacher Faisal Khan–also known popularly as Khan sir, as well as other educators.

The interim relief application has been filed in Kashyap's defamation suit against Khan sir and other defendants. 

Justice Neena Bansal Krishna however refused to pass any interim injunction order in the application today, and listed the matter on June 17. The suit has been filed over Khan Sir's allegedly defamatory remarks against the journalist in reference to her coverage on "star teachers".

"The counsel for respondent 4-6, 8 and 2 have put appearance. Let notice be issued to others as well through all permissible modes" the court said while issuing notice.

The senior advocate appearing for Kashyap and the network submitted that the defendants 1-4 were posting "abusive and toxic content" on social media, then it is picked up by others and is circulated and disseminated. 

Meanwhile Advocate Rakesh Malhotra appearing for defendants 4-6 pointed to posts made by the plaintiff. He said that if the defendant's post has to go then even plaintiff's post has to go. 

At this stage the court orally said, "It is a very simple case. They are saying derogatory material is posted on social media. It is settled law that if it is derogatory, it has to be (taken down)...The plaint is very clear. They are saying we are derogatory material and specific allegations are against them. You have right to say whatever you want to but if it is prima facie derogatory, it has to be pulled down". 

Malhotra argued read the allegations against defendant 5 and argued, "Whether this is defamatory? Rather plaintiff has put defamatory (post). If it has to go then both posts have to go". To this the court said that the defendants can make submissions in its counter. 

However Malhotra argued that suppose any order is passed, can the defendant not write about it, questioning if that is defamatory. 

"I have my own protections under Article 19. Whether stay can be granted against all of them? They have to put specific allegations as to against whom they want stay," Malhotra argued. 

Meanwhile advocate Rishav Rajan appearing for defendant 7 (operator of a Facebook account) submitted that even reposting the content has been challenged by the plaintiff as objectionable and an overarching injunction is sought against me.

Advocate Sudhanshu Tewari for defendant no. 8 '4PM News Network' argued that as a reaction to plaintiff's coverage on online educators, certain defendants had posted videos.

"According to them (plaintiff) our reactions are defamatory. Their case is there are 18 content posted by 8 defendants on different platforms. All these different contents have different cause of action. They have bundled all this in a single suit. This is not maintainable. They should have filed different suits," he said. 

Meanwhile Kashyap's counsel sought to point out the "toxic language used by all the defendants", adding that the language was "actually inciting violence". 

"They are involving my children. Threatening that we will shoot you down, your daughter," he argued. 

As the court issued notice, the counsel urged that in the meantime, the defendants must remove the content. 

The court however said that it needs to hear the matter on this point, adding "Which is why i am saying should we keep for July or next week". 

As Kashyap's counsel urged that he be heard now, the court said that it had 60 matters listed today and said that let the defendants file their response to the applications. 

Meanwhile counsel appearing for some defendants urged that there was no urgency and that no blanket order can be sought by the plaintiff. The high court listed the matter on June 17. 

Advocate Hrishikesh Barua appearing for Anjana Om Kashyap and TV Today Network along with a senior counsel. 

Kashyap and the TV Today Network have sought removal of allegedly defamatory comments such as "bikau partaker", chatukar", "dalaali', "fake news dukaan", etc., made by Khan Sir in reference to her coverage on "star teachers".

The controversy arose in view of a live debate on the NEET exam system, when Kashyap allegedly criticized online teachers, calling them "frauds" and "explainers" chasing views.

The Rs. 2 crore defamation lawsuit seeks the removal of allegedly defamatory material from online social media platforms.

Title: ANJANA OM KASHYAP & ANR v. FAISAL KHAN & ORS