Defamation Suit Against ‘Nakkheeran’: Supreme Court Refuses to Entertain Isha Foundation’s Transfer Plea

The Court instead granted the petitioner liberty to approach the Delhi High Court with appropriate applications.

The Bench of Justice Surya Kant and Justice Joymalya Bagchi was hearing the Foundation’s plea seeking restraint against the publication from making further allegedly defamatory statements, and for the suit to be transferred out of Delhi.

The civil suit concerns allegedly false and damaging allegations made by Nakkheeran, including claims of the Foundation’s involvement in organ trading.

Senior Advocate Mukul Rohatgi appearing for Isha Foundation, argued that the allegations were grave and unfounded. “We are a good organisation in India and abroad,” he said, adding that he was only seeking transfer of the case to Chennai, where the publication is based.

Justice Kant questioned the basis of the transfer petition. “Are these valid grounds for transferring a suit?” he asked, further noting that the issues raised could be addressed under Order 7 Rule 11 of the Code of Civil Procedure, which provides for rejection of a plaint in specified circumstances.

Appearing for Nakkheeran, Dr. Bala contended that the petitioners had already sought interim relief before the Delhi High Court, which was denied.

“For the last eight months, they’ve been content without any injunction. Now, through this transfer plea, they are effectively seeking the same relief again,” he argued. He further submitted that jurisdictional issues must be decided by the High Court first, failing which the suit itself would collapse.

Justice Kant observed, “To be fair, all these grounds should be raised in an Order 7 Rule 11 petition,” indicating that the High Court was the appropriate forum for deciding the preliminary objections.

Following the brief exchange, the Court recorded the statement of Senior Advocate Rohatgi that the petitioner may be permitted to withdraw the transfer plea, with liberty to file appropriate applications before the Delhi High Court.

The Court accordingly disposed of the application and directed that the Delhi High Court take up any applications filed by either party at the earliest and pass appropriate orders in accordance with law.