Delhi High Court Issues Notice On Penguin’s Plea Against Injunction Order On Book About Rana Kapoor

The Delhi High Court on Thursday issued notice on a plea moved by publishing company Penguin Random House against a trial court order restraining it from selling and distributing a book on former Yes Bank CEO Rana Kapoor, titled “The Banker Who Crushed His Diamonds: The YES Bank Story.”

Justice Manoj Kumar Ohri sought Rana’s response and directed that the trial court record be requisitioned, while listing the matter for hearing next on July 24.

Senior Advocate Trideep Pais represented Penguin. The plea has been filed through Advocate Vrinda Bhandari.

Penguin has challenged an order passed by Additional District Judge (ADJ) of Karkardooma Courts on January 23 confirming the operation of an ex parte ad interim injunction against publication of the book.

Four months after the book was published in February 2021, Rana and his family sent a legal notice to Penguin to cease and desist from selling, distributing, and circulating the book.

Later, a suit was filed by Rana in which the ADJ on December 22, 2021, passed an ex parte ad interim injunction order restraining Penguin to engage in further publication, republication, and sale of the book.

After multiple hearings, the ADJ dismissed the publishing house’s application under Order 39 Rule 4 of CPC for vacation of the interim order, which has been challenged before High Court.

In the plea, Penguin has submitted that many averments in the book are in the nature of fair comment in public interest, based on multiple newspaper reports on Kapoor.

“Respondent No. 1 (Kapoor) impliedly acquiesced to the reporting of various stories around him, thereby waiving his right to subsequently object to the publication of the Book. He cannot now seek to permanently injunct the Book in a belated attempt to control the media narrative,” the plea reads.

It has also been submitted that the book does not amount to commercial exploitation of Rana’s personality rights. Furthermore, the plea states that the freedom of press extends to reporting on the professional aspects and elements of private lives of public figures. It has said that those in public life and prominence should not be “thin skinned”.

“Authors and publishers will be hesitant to go ahead with publishing any books dealing with issues of public interest of immediate importance, especially if they concern an important public figure who may be embroiled in controversy or face criminal charges,” the plea states.

Title: Penguin Random House India Pvt Ltd. v. Rana Kapoor & Ors