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Synopsis

A Delhi Court on Wednesday restrained news channel Times Now Navbharat, associated channels, media including print and electronic from telecasting or publishing any news spread by alleged gangster Kapil Sangwan aka Nandu against AAP MLA Naresh Balyan.

Additional Sessions Civil Judge (ASCJ) Ajay Kumar Malik of Dwarka Court said that the order will continue to remain in force till the court decides Balyan's plea against the channel.

“Defendant and his assignees including its agents, associated TV Channels, associated group channels, associated media of any kind including print and electronic, executors, administrators, representative agents etc. are restrained against telecast/broadcast/printing of any such news spread by Kapil Sangwan @ Nandu of Nandu Gang directly by him or through any person/media etc. till final disposal of present suit”, the court ordered.

The court noted that the defendant news channel Times Now Navbharat had not only broadcasted news against the plaintiff but also opened the discussion at a national forum and persons who participated in the debate were neither associates of gangster Nandu nor associates of the plaintiff. It further noted that they were not the investigating agency to give any opinion at national level without verifying the facts themselves.

The court said, “Plaintiff (Naresh Baliyan) is member of Assembly and the debate/discussion organized by the defendant is not in house discussion”.

“The defendant itself mentioned in the WS that the matter is under investigation with the police of Special Cell against Mr. Sachin Sangwan @ gangster Nandu. Nothing came on record that any FIR has been registered against the plaintiff for any such criminal activity of extortion etc. in connivance with Mr. Sachin Sangwan @ gangster Nandu so balance of convenience also tilts in favour of plaintiff”, court stated in its order dated September 6.

Notably on August 17, Times Now Navbharat ran a show under the heading 'Sarji ka Vidhayak Gangster ka Sahayak'. A leaked audio was run on the programme alleging that Balyan was talking to Sangwan and planning extortion.

The same day Balyan filed a suit alleging that the authenticity of the audio clip was not verified and that it was damaging his reputation. He further stated that he had received threats from Sangwan and had lodged police complaints regarding this as well. The news is also available on the YouTube channel of the defendant and online spaces which is still streaming”, the plaintiff added. The MLA also moved a suit on the same day against the alleged programme, stating that the authenticity of the audio clip was not verified. "..the said false news has caused great loss to the reputation of the plaintiff as well as his family," he stated.

Earlier, Judge Ajay Kumar Malik of Dwarka Court had directed Times Now Navbharat, a popular news channel not to broadcast the programme titled Operation ‘PAAP’ against the AAP politician till Friday i.e. August 18 which was further extended by the court to August 23.

Granting relief to the politician till the next hearing, the court had ordered, "In view of the above submissions, defendant M/s Times Now Navbharat/Times Group Media Channel is hereby directed to not to broadcast/telecast/print the news/statement/opinion under the heading of operation ‘PAAP’ against the plaintiff till next date of hearing."

It is also to be noted that on August 25, the High Court had refused to set aside the trial court order restraining news channel Times Now Navbharat from broadcasting 'Operation Paap', a programme of an alleged conversation between AAP MLA Naresh Balyan and gangster Kapil Sangwan aka Nandu.

While refusing to entertain the plea, the bench of Justice Manmeet Pritam Singh Arora had said that if the news channel (Times Now Navbharat) approaches trial court on or before August 28, by filing its reply, the matter shall be decided finally within a week. The court also clarified that all the parties shall cooperate with the trial court and not seek adjournments.

Case Title: Naresh Baliyan v. M/s Times Now Navbharat