Articles Indicative Of Willful Campaign To Denigrate Reputation: Delhi HC Issues Summons In Gambhir's Defamation Suit Against Punjab Kesari

The Delhi High Court today issued summons to the Hindi daily newspaper Punjabi Kesari and the two editors in the defamation suit filed by former Cricketer and BJP MP Gautam Gambhir seeking an "unconditional apology" for publishing certain slanderous articles and defamatory headlines. The Court will hear the matter on October 18, 2023.

The suit alleges that the published articles in the newspaper are fake and are personal opinions to directly attack Gambhir's reputation. It was further alleged that the "objective reporting" by the Hindi daily is an agenda against him.

Justice Chandra Dhari Singh while hearing the matter was of the opinion that all public servants should be less sensitive and thick-skinned to criticism. Underlining social media, he further said that even judges should be so.

Advocate Jai Anant Dehadrai appeared for Gambhir while Senior Advocate Rajshekhar Rao appeared for the newspaper and its editors. 

The reliefs sought in the suit were:

-to render an "unconditional apology" which after approval of the Plaintiff would be published in all newspapers (including digital versions) that are published and circulated by Punjab Kesari;

-to retract each and every defamatory publication;

-to desist from making any further defamatory publications (via print or online);

-to grant 2 crores as damages to be given to the charitable organizations.

As per the suit, "On 7th April 2023, another Newspaper article has been published by Defendant No. 5 titled ‘Gambhir Ke PA Arora Ke Sangrakshan Me Chal Rahi Hai Gandhi Nagar Me Avaidh Parking”. Accordingly, the hard-earned reputation of the plaintiff is under threat. Therefore, it is abundantly clear that the defendants have directly and indirectly defamed the plaintiff himself, while projecting the publication as an innuendo".

At the outset, Dehadrai submitted before the Court that the series of articles were never objected to outright. While highlighting an article published on 28th August 2022, Dehadrai said, "Your lordships may kindly see this, the series goes on from June and now it comes to August, and I am still ignoring these...May I first show your lordship, kindly see the headline, Bhajpa Neta ki dabangayi,and underneath it says, Mahila SHO ko karaya line haazir and kindly see the photograph under it...".

"...My only respectful submission is my reputation is going to be (affected), I have built it with sheer hard work and honesty for decades, and now I am a public servant my reputation really matters to me, I am a responsible politician", Dehadrai further urged the Court.

The Court then asked, "How can the press be asked not to (publish), saying defamatory statements...". The Court then said that it would be difficult to test what is defamatory and what is not defamatory. "According to me it is not defamatory...", Justice Chandra commented.

"I understand that, then there can't be a blanket relief, your lordship is absolutely correct...However, this sort of reporting is highly defamatory and slanderous...These articles which are prima facie appear to be defamatory should be...", said Dehadrai in response.

"In that, I am issuing...", Justice Chandra responded.

The headlines that were published by the newspaper and were objected to were:

16th May, 2022-Sansad Gautam Gambhir Lapata Gali-Gali Me Lage Poster

 27th May, 2022-Dilli ke lapata Sansad Lucknow Super Giants ke liye bane Bhasmasur

29th May, 2022- Ye Naye Mijaz ke Sansad hai Jara Faaslo se Mila Karo

15th June, 2022-Adesh Gupta bolte reh gaye, Gautam Gambhir uth chale

10th November, 2022-‘Umeedwaroon ke namon ko lekar Bhajpa Vidhayakon va Jila-addhyakshon ke beech kheench-taan

Rao contended that the plaintiff is only "touchy" about their article, and does not object to other platforms. 

Considering the materials placed before the Court and the argument advanced, the Court noted, "Upon a bare reading of the impugned news articles, this Court is of the prima facie opinion that many of these articles are indicative of willful campaign launched by the defendants to lower the reputation of standing of the plaintiff in the eyes of his constituents, supporters and the public at large. In the opinion of this Court, this does not befit a newspaper of the repute and stature of the defendants to indulge in such a conduct".

The written statements along with affidavit of admission/denial of the documents of the plaintiff is to be filed within 30 days from the receipt of the summons. 

Cause Title: Gautam Gambhir v. Punjab Kesari & Ors. 

Click here to read/download the Order