Delhi Chief Secretary Gets Interim Relief, High Court Directs ‘The Wire’ To Take Down Alleged Defamatory Article Over Bamnoli Land Acquisition

The Delhi High Court on Wednesday directed news portal 'The Wire' to take down its article on city’s Chief Secretary Naresh Kumar casting aspersions on him in relation to his involvement in an alleged land acquisition case.

Justice Sachin Datta granted ad-interim injunction in favour of Kumar in his suit against the news portal. The court had reserved order on Kumar’s application seeking ad-interim injunction yesterday.

The suit has been filed against the news report titled “Links of Son of Delhi Chief Secretary to Beneficiary's Family in Land Over-Valuation Case Raise Questions”. The story was published on November 09 by reporter Meetu Jain.

The court directed The Wire to remove or take down the tweets or posts circulated and published on X and also to not post, circulate or publish any similar defamatory content against Kumar, as set out in the impugned article.

“In the event that defendant nos. 1 & 2 fail to comply with the aforesaid directions within 48 hours of the pronouncement of this judgment, the defendant no. 3 is directed to take down the tweets/posts filed as Document nos. 4 & 5 of the documents filed alongwith the plaint, and the defendant no. 4 is directed to remove search result/s and/or de-index the web link of the article/publication dated 09.11.2023,” the court said.

Justice Datta observed that while freedom of speech and expression is sacrosanct, the reputation of a person earned over several decades cannot be sacrificed at the altar of such freedom.

The Court observed that the impugned article, ex-facie, contained unsubstantiated allegations and defamatory imputations against Kumar, regardless of the truth.

“In the present case, the Court has also taken note of the crescendo of politically motivated tweets/posts/comments, virtually in sync with the publication of the aforesaid article/publication dated 09.11.2023, which further validate the necessity of urgent injunctive order/s. Incidentally, one such tweet is by the author of the “preliminary report” sought to be relied upon by the learned counsel for defendant nos. 1 and 2. The said report, which is dated 14.11.2023, ex-facie, cannot afford any justification for the impugned article dated 09.11.2023,” it added.

The court further said: “Further, the nexus sought to be drawn between the person which was the beneficiary of the arbitral award dated 15.05.2023 and the son of the plaintiff is also quite far-fetched, to say the least, contrary to what has been sought to be projected in the title/caption of the impugned article.”

Justice Datta further concluded that the impugned article contained defamatory, libellous allegations and insinuations made in a reckless manner against Kumar without regard to the truth, in order to cause injury to the his reputation.

Kumar, in his suit, has sought take down of the article as well as a direction to restrain the news portal and the reporter from publishing any further defamatory articles against him.

The case alleges that Kumar was involved in enhancing an “exorbitant compensation award” for a parcel of land in city’s Bamnoli village acquired for the Dwarka Expressway project.

Senior Advocate Maninder Singh had appeared for Kumar and said that the article was “pre-planned” in order to “activate” people against him.

On the other hand, Advocate Sarin Naved appearing for the news portal had said that the intention behind the article, which only raised a few questions, was not to defame Kumar in any manner.

The suit stems from a legal notice sent by Kumar to The Wire and the reporter on November 13, alleging that the contents of the article are ex facie misleading and per se defamatory.

“The contents of the said article are ex-facie misleading and per se defamatory, where you have, while irresponsibly portraying an obscure linkage of my Client's son in an issue pertaining to enhanced valuation of a plot of land admeasuring around 19 acres in Bamnoli Village which was being acquired for the National Highways Authority of India for the Dwarka Expressway road project; raised questions on my Client's unwavering and unqualified integrity and reputation,” the legal notice reads.

Recently, Delhi Vigilance Minister Atishi recommended immediate removal of Kumar and another senior bureaucrat Ashwani Kumar by submitting a preliminary report on the issue.

The report was forwarded by Chief Minister Arvind Kejriwal to Lieutenant Governor VK Saxena asking for Kumar’s suspension. However, the LG refused to accept the report stating that appears to be “completely based” on preconceived assumptions and presumptions.

Title: SHRI NARESH KUMAR V/s THE WIRE & ORS

Citation: 2023 LiveLaw (Del) 1154

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