Bengaluru Court Restrains Media From Publishing Defamatory News Against Kannada Actor Darshan Srinivas & Family Members Over Murder Case
A Bengaluru Court on Wednesday restrained the media, their reporters, anchors or any other persons claiming on behalf of them from printing, publishing, or telecasting the news or any other defamatory statement against Vijayalakshmi Darshan, her husband Darshan and her family members. Kannada actor Darshan Srinivas has been arrested in a murder case. Additional City Civil and Sessions...
A Bengaluru Court on Wednesday restrained the media, their reporters, anchors or any other persons claiming on behalf of them from printing, publishing, or telecasting the news or any other defamatory statement against Vijayalakshmi Darshan, her husband Darshan and her family members. Kannada actor Darshan Srinivas has been arrested in a murder case.
Additional City Civil and Sessions judge passed the ex-parte temporary injunction order on the suit filed by Vijaylakshmi.
It said “It shall be noted that the investigations has not been completed and therefore it is too premature to the defendants to express any opinion about the guilt or otherwise of the husband of the plaintiff. It is well settled law that the doubts how so ever high it will not substitute the proof. Hence it is to premature to the defendants to express any opinion about the or otherwise of her husband in the alleged crime. It is improper to publish or telecast the information and news as if he has committed the guilt. Having regard to these aspects, an order of exparte temporary injunction is very much necessary.”
Senior advocate Prabhuling K Navadgi appearing for the plaintiff had argued that husband of the plaintiff is arrayed as an accused along with others in connection of death of a person and therefore the husband of the plaintiff is in custody of the Police allegedly being responsible for the murder in connection with the case registered by Kamakshipalya Police, Bengaluru and though the investigation is underway the defendants Media is making charges against the plaintiff's husband and gone to the extent of calling him as a murderer though the investigation is at a preliminary stage. It is also stated that the defendants- electronic media are triggering debates which has defamed the plaintiff and her family.
Further, the defendants are fabricating the news and trying to show in the media that the plaintiff and her husband are heading towards separation and the plaintiff's husband and plaintiff do not have a healthy relationship as husband and wife therefore such uncorroborated statements have deeply impacted the family bonding of the plaintiff with her husband and also their son.
On going through the plaint and averments the court said “The husband of the plaintiff happens to be a film actor. The materials produced by the plaintiff at this stage prima-facie reflect that the publications and telecasts made so far by the defendants not only with regard to the details of the investigation conducted by the Police but also the family relationship of the plaintiff with her husband.”
Further, it said, “Needless to mention that family relationship of the plaintiff and her husband are personal matters of the plaintiff and her husband and therefore the defendants cannot debate on that and make defamatory statements.”
The court also referred to the Circular issued by the Govt of Karnataka in No.HD-59/SST/2021 dated 11.08.2021 pursuant to the direction of the High Court passed in a Public Interest Litigation No.7026/2021/PIL wherein the High Court has made clear that before completion of the investigation, the Police Officers shall not divulge the nature of the investigation and prohibited from disclosing the identity of the complainant and accused.
Then it said “At this stage, there is sufficient force on the submission made by the Senior Counsel. No doubt the criminals can exposed and offences cannot be viewed lightly, but in the guise exposing the offences, the personal life, liberty and reputation of person cannot be marred.”
Passing the temporary injunction order the court said “Having regard to these aspects, an order of exparte temporary injunction is very much necessary. If notice is issued it takes time and in the interregnum period there will be further publications and telecasting of the news which would damage the reputation of the plaintiff and her husband. Therefore, if notice is issued the very obiect of granting of order of ex-parte temporary injunction would be defeated by delay."