SC Transfers IndiaBulls Defamation Case Against Prashant Bhushan From Rohtak To Delhi

Supreme Court on Monday allowed a transfer petition filed by Advocate Prashant Bhushan seeking transfer of a criminal defamation case filed against him by IndiaBulls Venture Capital Management Co. Ltd. in Rohtak, Haryana, to Delhi.

The Bench headed by Chief Justice SA Bobde allowed the transfer as the Respondent has not objected the petition.

Bhushan has claimed that the said defamation case is only a "vindictive action" against him, to silence him from highlighting the illegalities committed by the company, in the conduct of its business.

Indiabulls had filed a criminal defamation case against him before the Court of Judicial Magistrate 1st Class, Rohtak, Haryana, for publishing allegedly defamatory content against the company via social media sites namely, Twitter, Instagram and Facebook, causing substantial damage to their goodwill.

In the transfer petition, Bhushan has contended that the criminal proceedings have been initiated only to harass him since he is the signing authority and Secretary of Citizens Whistle Blowers Forum, that has filed a PIL (WPC 9887/2019) before the Delhi High Court, seeking an in-depth and time-bound investigation into the various illegalities and violations of law committed by the promoters of IndiaBulls.

Bhushan has further submitted that he is a practicing Advocate in Delhi and traveling to Haryana to attend hearings will cause him "undue difficulty". It is thus alleged that the company has used this very fact as leverage to silence him, by filing the case in Haryana.

Citing various instances, Bhushan submitted that this is not the first time that Indiabulls has used such "intimidatory legal tactics to overawe and silence those who highlight the illegalities and irregularities in the conduct of its business, so as to dissuade scrutiny."

He said that in making the allegedly defamatory statements against the company, he had relied on documents, balance sheets and ROC records that are available in the public domain and are available for anyone to see, study and conduct an analysis.

He also pointed out that the company should rather have no trouble if the case is transferred to Delhi, since the company has its registered offices in Delhi.