Delhi High Court Refers Anjana Om Kashyap-Khan Sir Defamation Dispute To Mediation

The Delhi High Court on Thursday (July 2) referred to mediation a defamation dispute between TV Today journalist Anjana Om Kashyap and coaching teacher Faisal Khan–popularly known as Khan sir and other educators.

The dispute pertains to the journalist's coverage on "star teachers" and the subsequent allegedly defamatory remarks made by the educators.

Today, Justice Tushar Rao Gedela orally observed that the damage had already been done and the parties could now only 'salvage' the situation. He thus suggested them to amicably settle the dispute and accordingly listed the matter for mediation today at 4 PM.

"It appears that parties can and may resolve disputes amicably. The parties are willing to explore terms of settlement in case a senior mediator is appointed".

Senior Advocate Rajshekar Rao has been appointed as a mediator in the matter.

During the hearing advocate Hrishikesh Baruah appearing for Kashyap and TV Today pressed for an injunction adding that the posts were completely defamatory

The court meanwhile asked why aren't the parties settling the matter.

"May be it is not the right thing to have said. You may be critical of somebody but criticism has to be of decent level. It seems to me that this is reaction to what you (Kashyap) have said but they (educators) may have not used this language. But if those part can be omitted," the judge orally suggested to both the parties. 

Baruah however argued that Khan Sir had disclosed the school in which Kashyap's children are studying and that she was getting life threats.

"They cant come and say that this technical objection is the reason why they will do it. I want deletion of that (disclosure). They are educationist. They shouldn't have discussed school etc. they have come and discussed politics in curriculum," Baruah said.

The Court meanwhile orally remarked that everyone discusses politics. "That is politics. Everyone discusses it. Every person who doesn't know about politics discusses politics," it said.

As Baruah pressed for urgency, the Court said that it will have to hear the matter. It however asked Khan Sir's counsel,

"Please ensure that the disclosure part of children… why should you drag?" You may have reacted but you should understand you are academicians, this should not become a part of you….They will refrain. You take down disclosure about child. Try to talk to them, and ensure that those words are expunged".

Khan sir's counsel said that disclosure regarding the journalist's children will be removed but stressed that the Plaintiff must also stop making remarks.

The Court then asked the counsel for both sides to sit together and resolve the issues with respect to the specific words they are aggrieved of.

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.

Following the educators' reaction, Kashyap and the TV Today Network filed a Rs. 2 crore defamation suit seeking removal of comments such as "bikau partaker", chatukar", "dalaali', "fake news dukaan", etc., made by Khan Sir.

The Court has listed the matter on July 09 to await outcome of mediation proceedings.

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