Bengaluru Court Restrains Publication Of Book Allegedly Defaming Former BJP MP Prathap Simha

A Bengaluru court has recently granted an interim injunction restraining the publication, printing, circulation, sale and distribution of the book titled 'Kattale Jagattu Prathap Simharige Ticket Thappalu Karanavada Ghathaka Kathegal' (Dark World: Stories of Incidents That Caused Prathap Simha to Lose Ticket), authored by Praveen Kumar Mavinkadu.

The Court of the 1st Additional Civil Judge (Bengaluru Rural) also dismissed an application filed by the author seeking vacation of an earlier interim order passed in favour of former BJP MP Prathap Simha.

The suit has been filed by Simha against author Mavinkadu, Sadhana Publications, Ravichandra Rao (the proprietor of the publishing house) and Kumar Gowda (alleged to be part of the syndicate responsible for popularising the book).

“…The defendants, their agents, servants, representatives or anybody claiming through or under them are hereby temporarily restrained from publishing, printing, circulating, selling, distributing, advertising or otherwise disseminating the book titled Kattale Jagattu Prathap Simharige Ticket Thappalu Karanavada Ghathaka Kathegal, or and also restrained from telecasting, transmitting in any means of communication, any material containing the impugned defamatory statements concerning the plaintiff…”, the Civil Judge ordered.

The matter will be heard again on August 25 for framing of issues.

The plaintiff, who was elected to the Lok Sabha in 2014 and 2019 and also served as the State President of BJP Yuva Morcha, Karnataka, contended that the book deliberately imitates his acclaimed literary work 'Bettale Jagattu' (Bare World).

The plaintiff argued that the very title of the controversial book authored by Mavinkadu was disrespectful and aimed at ridiculing the former MP's literary contributions.

The book's cover page carries the plaintiff's photograph, and its twenty-one chapters contain allegations against the former MP on fraud, misrepresentation, disloyalty to his political party, and scandals attributed to his personal life such as false claims of sexual exploitation, the plea adds.

The plaintiff also argued that the right to reputation is a facet of the right to life under Article 21 of the Constitution, and freedom of speech under Article 19(1)(a) cannot be extended to include the 'right to defame' another person.

The plaintiff further contended that the timing of the publication was suspicious since it was around the same time that the declaration of candidates for the 2024 parliamentary elections was done.

The plea also emphasises that the disputed book cannot be considered as a piece of investigative journalism, but it's only a book filled with scandalous and defamatory statements about the politician.

Appearance for the Plaintiff- Mr. Sudharsan Suresh, Mr. Sainath DM, Ms. Neha Venkatesh, Ms. Pavana, Mr. Nandan Patil and Soumya DS

Case Title: Prathap Simha v. Praveen Kuman Mavinkadu & Ors

Case No: O.S. No. 0001944/2024