Conspiracy Against Prime Minister Is Treason, Can't Accuse Someone Of It Irresponsibly: Delhi High Court Observes Orally

The Delhi High Court on Wednesday remarked that hatching conspiracy against the Prime Minister tantamount to treason and prima facie, the allegations of conspiracy against the Prime Minister cannot be made against any person irresponsibly.

“The allegations of conspiracy against the Prime Minister cannot be made irresponsibly and needs to be based on cogent and substantial reasons,” Justice Jasmeet Singh said.

The oral observation was made by the court while hearing a defamation suit filed by Biju Janata Dal MP and Senior Advocate Pinaki Misra against Advocate Jai Anant Dehadrai.

Misra has sought to restrain Dehadrai from publishing or circulating allegedly false and defamatory allegations against him.

The BJD leader has alleged that Dehadrai has made corruption allegations against him and calling him “Canning Lane” and “Oriya / Odia Babu” in his tweets.

Advocate Samudra Sarangi appeared for Misra. Advocate Raghav Awasthi appeared for Dehadrai.

Awasthi submitted that if prima facie truth is showed at the stage of injunction, no injunction order can be passed. He referred to a recent decision of the Supreme Court in Bloomberg case wherein the Bonnard standard was discussed.

Sarangi told court that the allegations levelled by Dehadrai against Misra is that the BJD leader is an architect of a conspiracy to target the Prime Minister. My party is ideologically aligned with the BJP and the Prime Minister, he said.

“Without court order, there will be no silencing. It has to be stopped by way of an injunction,” he added.

As the court asked Awasthi as to how Misra was targeting the Prime Minister, Awasthi said that the basis of the allegation is that there is a close relationship between the BJD leader and Moitra.

“Please understand. These are serious allegations against the Prime Minister. You cannot be trigger happy no? As far as your allegations against Moitra is concerned, it is pending adjudication before this court. But this is serious allegation of conspiracy against the PM by an MP. You substantiate it otherwise I'll injunct you,” the court told Awasthi.

Awasthi responded that Dehadrai has personally witnessed that a conspiracy was hatched between Misra and Moitra, and the same is also evidenced by way of an affidavit sworn by businessman Darshan Hiranandani.

“What you are saying has serious consequences. It affects the highest office of the country. How can you?” court responded.

Dehadrai personally addressed the court and submitted that he personally has witnessed conversations between Misra, Hirandani and Moitra wherein conspiracies were hatched to target the Prime Minister.

“When you say that there is conspiracy against the PM, it is troublesome. You can't be trigger happy. You can say at the end of the day he is a politician and he cannot be sensitive. I agree. But this is serious,” Justice Singh remarked. He added,

“The conspiracy against PM is actually an offence against the State. It is treason. Be careful about what you write. That is the only thing which is troublesome. Don't pitch it to that level to a dispute which is… you file all this affidavit on record. I'll take it on record. But in the meantime, this allegation of conspiracy against the PM, you won't say.”

Sarangi submitted that being a respected citizen and a sitting MP, Misra has the highest regard and respect for the Prime Minister.

As the court began to dictate order in the suit, Awasthi requested that the matter be taken up tomorrow to enable him to put on record the CBI complaint which will reveal Misra's involvement. The court however did not agree to the request. Accordingly, the matter will now be heard in the post lunch session today. 

In the suit, Misra has said that after personal differences arose between Dehadrai and TMC leader Mahua Moitra, the lawyer made a barrage of allegations not only against her but persons with whom she shared a personal relationship, including the BJD leader.

Misra has said that Dehadrai published various tweets against him on X platform “through several coined pseudonyms” such as “Canning Lane” and “Oriya / Odia Babu”.

He has said that he was also summoned by the CBI as part of a preliminary inquiry being conducted by them pursuant to directions by the Lokpal of India in relation to cash for query allegations against Mahua Moitra.

The suit states that Misra has not been named in CBI's FIR in any manner, nor any allegation has been made against him.

Misra has denied Dehadrai's allegation that Rs. 2 crores in cash was kept with him to make purchases on behalf of Mahua Moitra of high value items.

Misra is aggrieved by an interview given by Dehadrai to news agencies ANI and PTI after hearing in his defamation case against Moitra.

The suit states that in the interview, Dehadrai names Misra for the first time and made “wild, imaginary, false, reckless and per se defamatory allegations” against him.

Other defendants in the suit are ANI, PTI and X (formerly Twitter).

Title: PINAKI MISRA v. JAI ANANT DEHADRAI & ORS.