Moitra Has Right To Defend Herself In Public Sphere Against Statements Of Dehadrai: Delhi High Court

Read Time: 05 minutes

Synopsis

Jai Anant Dehadrai has leveled allegations of abusive and defamatory statements made by Mahua Moitra across various media platforms in connection to the 'cash-for-query' controversy and sought damages

The Delhi High Court, in Jai Dehadrai's defamation suit, opined that Mahua Moitra (Trinamool Congress leader) retains the right to defend herself in the public sphere against allegations made by Dehadrai.

During the proceedings, Justice Prateek Jalan emphasized Moitra's entitlement to present her defense publicly, particularly when faced with allegations aired in the public domain. Responding to arguments presented by Advocate Raghav Awasthi, representing Dehadrai, the court highlighted the necessity to balance the right to respond with the potential impact on reputation.

Awasthi cited instances of public statements made by Dehadrai, including complaints to investigative authorities and parliamentary committees, alleging misconduct by Moitra. However, the court differentiated between factual allegations and matters of perception, stressing Moitra's right to counter accusations while ensuring factual accuracy.

The court acknowledged the power dynamics at play, noting Moitra's status as a former Member of Parliament and her significant social media following. Nevertheless, it underscored the importance of protecting reputation, even for public figures, while deliberating on the injunction sought by Dehadrai.

In response to arguments concerning alleged defamatory statements made by Moitra, the court scrutinized the nature of public discourse initiated by both parties, aiming to maintain a fair and just process. Advocate Samudra Sarangi, representing Moitra, expressed her intent to defend herself based on justification and fair comment.

Background:

Through the present suit, Jai Anant Dehadrai has additionally demanded a permanent injunction to remove the offensive content from social media platforms.

This suit had followed a previous ruling by the Delhi High Court, which rejected Moitra's plea to restrain both Dehadrai and BJP MP Nishikant Dubey from disseminating purportedly "fake and defamatory" material regarding her involvement in the cash-for-query saga.

The high court's decision on March 4 underscored Moitra's failure to fully disclose pertinent details in her complaint, prompting the dismissal of her petition. Moitra, who was stripped of her Lok Sabha membership in December 2023 by an Ethics Committee citing "unethical conduct" has been the subject of scrutiny surrounding her alleged association with businessman Darshan Hiranandani in the aforementioned controversy.

Dehadrai, identified as Moitra's estranged partner, has further alleged that the former MP admitted to furnishing her parliamentary login credentials to Hiranandani but refuted any claims of accepting monetary inducements from him.

Dehadrai's claim for damages and injunctions against Moitra and others underscores the gravity of the allegations exchanged between the parties. The court scheduled the interim injunction application for further hearing on April 25, acknowledging the complexity of the case involving multiple media outlets and social media platforms. 

Case Title: Jai Anant Dehadrai v Mahua Moitra & Ors. (CS(OS) 236/2024)