The Delhi High Court in the case Gautam Gambhir v. Punjab Kesari And Ors observed and has referred to mediation the defamation suit which is filed by former cricketer and BJP MP Gautam Gambhir against the Hindi daily newspaper Punjab Kesari and its reporters.
In the present case, the suit is filed by Gambhir wherein it seeks to retrain the newspaper and its reporters from making any allegedly defamatory publication against him.
The bench headed by Justice Dinesh Kumar Sharma in the case observed and has referred the case for mediation after the counsel, Advocate Jai Anant Dehadrai appearing for Gambhir submitted that the matter is likely to be amicably settled between the parties and it is to be referred to mediation for recording the terms and conditions of the settlement between the parties.
The counsel appearing for the plaintiff submitted before the court that the said matter is likely to be amicably settled and be referred to mediation for recording the terms and conditions of the settlement.
Therefore, the court referred the matter for mediation.
The matter was listed before the bench as fresh application was filed on behalf of Gambhir wherein seeking to withdrawal of the suit on account of the amicable settlement.
The Coordinate bench in the case observed and has refused to pass any interim injunction order in favour of Gambhir’s wherein the court observed that many of the articles published against him were indicative of a ‘wilful capaign’ launched by Punjab Kesari to lower his reputation in the eyes of his constituents, supporters and the public at large.
The bench in the case observed and has stated that 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.
The court stated that this does not befit a newspaper of the repute and stature of the defendants to indulge in such a conduct.
The court issued the summons to Punjab Kesari, its editor in chief Aditya Chopra and three reporters. However, no take down order or interim relief was granted by the court.
Therefore, Gambhir’s suit sought an unconditional written apology from the newspaper for publishing certain ‘malicious and false publications’ against him.
The counsel, Advocate Jai Anant Dehadrai, Gambhir also sought damages for an amount of Rs. 2 crores from Punjab Kesari.
The court stated that the news reports include ‘Sansad Gautam Gambhir Lapata Gali-Gali Me Lage Poster”, “Dilli ke lapata Sansad Lucknow Super Giants ke liye bane Bhasmasur” and “Ye Naye Mijaz ke Sansad hai Jara Faaslo se Mila Karo.’
It being the case of Gambhir’s that the newspaper and its reporters have been intentionally publishing false and defamatory articles with a view to damage his reputation.
It has also been submitted in the suit that despite a legal notice to the newspaper on November 23, 2022, asking it to cease and desist from making any defamatory publication against Gambhir, no response was received till date.
Accordingly, the court listed the matter for further consideration on February 29 for mediation and before court on March 12, 2024.