Shashi Tharoor v. Arnab Goswami

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

CS(OS) 253/2017 Page 1 of 61
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 253/2017
DR. SHASHI THAROOR ..... Plain...

CS(OS) 253/2017 Page 2 of 61
injunction restraining the defendants from reporting any news or
broadcasting any show relate...

CS(OS) 253/2017 Page 3 of 61
also stated that the defendants must bring down the rhetoric. At that
stage, Mr. Sandeep Seth...

CS(OS) 253/2017 Page 4 of 61
Trial of the case is not prejudiced;
g) Direct the Defendants to refrain from inciting their
...

Advertisement

CS(OS) 253/2017 Page 5 of 61
8. Since the allegation of the learned senior counsel for plaintiff
was that plaintiff was be...

CS(OS) 253/2017 Page 6 of 61
No.307 since about 7'o clock in the morning. We also
will prove today Shashi Tharoor that it'...

CS(OS) 253/2017 Page 7 of 61
11. He pointed out that not a single allegation had been made by the
investigating authoritie...

CS(OS) 253/2017 Page 8 of 61
in how it reported about the case and the vitriol displayed earlier
against the plaintiff was...

CS(OS) 253/2017 Page 9 of 61
as to who is responsible for the presumed delay i.e. SSP
Rai Garh, IG Police, DG Chhattisgarh...

Advertisement

CS(OS) 253/2017 Page 10 of 61
enquiry and, if necessary, investigation and files an
appropriate report/document before the...

CS(OS) 253/2017 Page 11 of 61
18. Mr. Salman Khurshid clarified that the plaintiff does not seek a
blanket gag order and d...

CS(OS) 253/2017 Page 12 of 61
such as the Commonwealth Games scam; the Kargil for Profit scam;
and the 2G scam.
21. He den...

CS(OS) 253/2017 Page 13 of 61
complaint was against the broadcaster. The plaintiff has
suppressed that three NBA member ch...

CS(OS) 253/2017 Page 14 of 61
only exposed the hypocrisy of the pro-Pakistan brigade in India.
22. Mr. Sandeep Sethi conte...

Advertisement

CS(OS) 253/2017 Page 15 of 61
lupus, a fact which was also mentioned in letter dated 12th
February, 2014 by Dr. Anil Gupta...

CS(OS) 253/2017 Page 16 of 61
deceased) in interviews given to the defendants on 9th
May, 2017 and
31st
July, 2017 had sta...

CS(OS) 253/2017 Page 17 of 61
conversation of your
Man Friday has been
recorded Shashi
Tharoor. You knew
Shashi that I kno...

CS(OS) 253/2017 Page 18 of 61
prove today Shashi
Tharoor that it's a damn
lie that Sunanda
Pushkar asked
everybody to leav...

CS(OS) 253/2017 Page 19 of 61
We are asking sir if we should wake
her up but he is saying not to wake her
up and to let he...

Advertisement

CS(OS) 253/2017 Page 20 of 61
right now is for his
Twitter Tweet is about
the encouragement to
budding poets.
(Page 52 of ...

CS(OS) 253/2017 Page 21 of 61
SUNANDA PUSHKAR: Can you hear
me? Connect him.
PREMA SRIDEVI: I am actually near
the Leela H...

CS(OS) 253/2017 Page 22 of 61
broadcast by an
unprincipled showman
masquerading as a
journalist. Well he is
an unprinciple...

CS(OS) 253/2017 Page 23 of 61
the temerity or the
decency to tell
everyone or anyone that
you went back to the
hotel to me...

CS(OS) 253/2017 Page 24 of 61
throttle her (late Mrs.
Sunanda Pushkar) is
Shashi Tharoor. I mean
let's be clear there, you...

Advertisement

CS(OS) 253/2017 Page 25 of 61
with the way the Delhi
Police is unprogressing
the case. [Stated in the
broadcast dated 4
Se...

CS(OS) 253/2017 Page 26 of 61
conspirator behind the Sunanda murder is, at least not yet...."
33. Mr. Sandeep Sethi emphas...

CS(OS) 253/2017 Page 27 of 61
COURT‟S REASONING
FREEDOM OF EXPRESSION INCLUDES THE FREEDOM OF THE
MEDIA AND CONSTITUTES ON...

CS(OS) 253/2017 Page 28 of 61
37. In India there can be criminal prosecution for defamation with
imprisonment for up to tw...

CS(OS) 253/2017 Page 29 of 61
Justice of India, (1996) 5 SCC 216] , though in a different
context, that if maintenance of ...

Advertisement

CS(OS) 253/2017 Page 30 of 61
The primary function, therefore, of the press is to provide
comprehensive and objective info...

CS(OS) 253/2017 Page 31 of 61
Economic and Social Council of the United Nations" If it is
true that human progress is impo...

CS(OS) 253/2017 Page 32 of 61
that context, (though the House of Lords held that contempt law did
not apply to the Valuati...

CS(OS) 253/2017 Page 33 of 61
43. No doubt, as stated above, Lord Denning M.R. stated in the
Court of Appeal that Judges w...

CS(OS) 253/2017 Page 34 of 61
Individuals receive, but they cannot send. They absorb, but
they cannot share. They hear, bu...

Advertisement

CS(OS) 253/2017 Page 35 of 61
RULE IN ENGLAND FOR AN INJUNCTION IS IT IS NOT
SUFFICIENT FOR A CLAIMANT TO ESTABLISH THAT T...

CS(OS) 253/2017 Page 36 of 61
has been rejected as inappropriate in defamation cases [Trevor Vs.
Solomon, (1977) 248 E.G. ...

CS(OS) 253/2017 Page 37 of 61
repetition of an alleged libel. Until it is clear that an
alleged libel is untrue, it is not...

CS(OS) 253/2017 Page 38 of 61
the ambit or extent of that defence, the Court of Appeal in Greene Vs.
Associated Newspapers...

CS(OS) 253/2017 Page 39 of 61
the grant of interim injunctions in defamation cases. The court
undertook an extensive revie...

Advertisement

CS(OS) 253/2017 Page 40 of 61
Bagehot; the name of Harmsworth was unknown; there
were no relatively cheap mass circulation...

CS(OS) 253/2017 Page 41 of 61
would be considered perverse by the Court of Appeal".
61. The high standard has been applied...

CS(OS) 253/2017 Page 42 of 61
RULE IN INDIA
IN INDIA, THE COURTS HAVE THE POWER TO PASS PRE-
PUBLICATION OR PRE-BROADCASTI...

CS(OS) 253/2017 Page 43 of 61
should be made to maintain the distinction between trial by media and
informative media. The...

CS(OS) 253/2017 Page 44 of 61
67. Subsequently, the Supreme Court of India in Sahara India Real
Estate vs. SEBI, (2012) 10...

Advertisement

CS(OS) 253/2017 Page 45 of 61
ONE OF THE PERMISSIBLE HEADS OF RESTRICTIONS ON
FREEDOM OF EXPRESSION IS DEFAMATION. FOR A C...

CS(OS) 253/2017 Page 46 of 61
as well think it worth their while to ignore such vulgar criticisms and
abuses hurled agains...

CS(OS) 253/2017 Page 47 of 61
COORDINATE BENCHES OF THIS COURT IN NAVEEN JINDAL
AND SWATANTER KUMAR HAVE GRANTED INJUNCTIO...

CS(OS) 253/2017 Page 48 of 61
EVEN IF A COURT IS INCLINED TO GRANT INJUNCTION,
THERE IS NEED TO TAKE CARE THAT IT DOES NOT...

CS(OS) 253/2017 Page 49 of 61
AS FAR AS THE ALLEGED DEFAMATORY REMARKS A) TO I)
MENTIONED BY LEARNED SENIOR COUNSEL FOR PL...

Advertisement

CS(OS) 253/2017 Page 50 of 61
no. 1 has gone on record to state that the plaintiff is not the one being
accused of any wro...

CS(OS) 253/2017 Page 51 of 61
a) In the postmortem report, the Medical Board constituted by the
AIIMS has opined that the ...

CS(OS) 253/2017 Page 52 of 61
me emails. I told him that the emails could only be
given by IO and I did not entertain that...

CS(OS) 253/2017 Page 53 of 61
footage is of 19th
January.
f) Delhi Police file noting on glaring shortcomings in
investiga...

CS(OS) 253/2017 Page 54 of 61
January only till 2357 hrs then the footage is of 19 the
January.”
85. Irrespective of the s...

CS(OS) 253/2017 Page 55 of 61
victim of a vilification campaign‟ is he without recourse to
any remedy in law? We propose t...

CS(OS) 253/2017 Page 56 of 61
as under:-
“This court is fully bound by the judgment of the Division
Bench in Khushwant Sin...

CS(OS) 253/2017 Page 57 of 61
Bench held that the Public Interest Litigation was a „political interest
litigation‟ and Dr....

CS(OS) 253/2017 Page 58 of 61
silence. Even Mr. Sandeep Sethi, learned senior counsel for the
defendants had stated that a...

CS(OS) 253/2017 Page 59 of 61
violation. So, the legal perils following upon refusal to
answer, or answer truthfully, cann...

CS(OS) 253/2017 Page 60 of 61
CONCLUSION
96. Keeping in view the aforesaid mandate of law and the prima
facie findings, th...

CS(OS) 253/2017 Page 61 of 61
100. This Court clarifies that all observations in the present case are
prima facie in natur...

Share Slideshare

LinkedIn
Facebook
Twitter

Embed

Size (px)

Show related Slideshows at end

WordPress Shortcode

Link

Share
Email

2024 Trend Updates: What Really Wor... by Search Engine Jou... 1012946 views
Storytelling For The Web: Integrate... by Chiara Aliotta 921259 views
Artificial Intelligence, Data and C... by OECD Directorate ... 824586 views
How to Leverage AI to Boost Employe... by SocialHRCamp 344056 views
2024 State of Marketing Report – by... by Marius Sescu 196216 views
Everything You Need To Know About C... by Expeed Software 219258 views

View on Slideshare

1 of 61 Ad

View on Slideshare

1 of 61 Ad