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The bench of Justice Navin Chawla passed an interim order directing AAP leaders to remove the defamatory social media posts against BJP's Shyam Jaju and his son while prohibiting them from making any further allegations against them.
The Delhi High Court on Friday directed Aam Aadmi Party (AAP) Leaders Saurabh Bhardwaj, Durgesh Pathak, Sanjay Singh, and Dilip Kumar Pandey to take down the defamatory content and desist from making future statements against BJP’s Shyam Jaju and his son Sandesh Jaju.
Justice Naveen Chawla was hearing a defamation suit filed by BJP Vice President Shyam Jaju and his son Sandesh Jaju against AAP leaders Saurabh Bhardwaj, Durgesh Pathak, Sanjay Singh, and Dilip Kumar Pandey for their press conference on January 22, 2023. They sought a permanent and mandatory injunction against the statements made by the AAP leaders.
The defamation suit was filed through Advocate Samapika Biswal and the arguments in the matter were led by Senior Advocate Mahesh Jethmalani.
In the press conference of January 22, the AAP leaders had alleged that Shyam Jaju through his son, were allegedly running a company by the name of “Majboot Solutions Private Limited” and that it was involved in a large number of transactions of buying and selling of immovable properties worth crores.
The plaintiff in the suit stated that the aforesaid press conference was broadcasted live on digital platforms and continues to remain accessible to the public and that the defamatory statements had also been re-published and carried out by national media houses in the print media and digital media.
“The Defamatory Statements have evoked a sharp sense of prejudice and unwarranted reaction from the public at large, who are being misled at the instance of Defendant Nos. 1-4. The Defendant Nos. 1-4 made the Defamatory Statements not just against the Plaintiffs, but also made innuendos and implications against the political party of which Plaintiff No. 1 is a member, by falsely alleging that the registered address of the Company was at the Head Office of the BJP, in order to sensationalize and harm the reputation of the Plaintiffs”, the plaint read.
It further stated that the statements made in the press conference had already caused and were continuing to cause irreversible damage to the name, reputation, and credibility of the plaintiffs. “By way of making and publishing the defamatory allegations, have tarnished the image and reputation of the Plaintiffs across India and globally. The publication of such false and defamatory statements has the effect of causing injury not only to the Plaintiffs, but also to the public at large, as it tends to create an apprehension in the minds of people regarding the integrity, ability, and/or fairness”, it read.
The plaintiffs also sought the defamatory material published on social media platforms and news organizations including, Twitter, Google, YouTube, Facebook (now Meta), Zee Media, Times Group, ANI, Network18, The Print, The Indian Express, Hindustan Media Ventures Limited, NDTV and Scroll to be taken down or deleted. Furthermore, they sought an unconditional apology from the AAP leaders for making false and defamatory statements against them in press conferences.
The plaintiffs also sought damages of Rs. 5 crores to be deposited by all the AAP leaders in the “Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund”.
Case Title: Shyam Jaju & Anr. v. Saurabh Bhardwaj & Ors.
Statue: Sections 499 and 500 of the Indian Penal Code
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