Smriti Irani & Her Family Made Repeated Assertions Of Goa Restaurant's Ownership, Cannot Turn Around On Those Asking Legitimate Questions: Congress Leaders To Delhi HC

Congress Leaders Jairam Ramesh, Pawan Khera and Netta D'Souza have told the Delhi High Court that when Union Minister Smriti Irani and her family have made "repeated assertions" of ownership of the restaurant named Silly Souls Cafe and Bar, located in Goa, they "cannot turn around when someone else relies on those very assertions to ask legitimate questions."

The Congress leaders were responding to the civil defamation suit filed by the Union Minister seeking damages of Rs. 2 crores for making allegations against her and her daughter regarding the said restaurant.

Calling it "unilateral and unprovoked claims" put forth by the Irani's family and "endorsed by her", the leaders have claimed that are at least three documented instances of such claims and endorsements which are "conspicuously absent" from the Irani's submissions to the suit.

"That the statements made by Answering Defendants, (Congress Leaders) clearly fall within the ambit of 'fair comment,' as the statements were made in public interest and in relation to a public issue, i.e., a Restaurant being operated on a license renewed in the name of a deceased person and being obtained through fraudulent means," the written statement filed jointly by the leaders states.

The reply further states that it was in public interest to make fair comments and question Irani on her linkage with the Restaurant.

The subject matter of the suit pertains to various allegations made by Congress leaders in a press conference and other series of allegations against Irani and her daughter regarding a statutory license in respect of food and beverages operations at a restaurant named 5 Souls Cafe and Bar, located in Goa.

On July 29, the Delhi High Court had issued summons to the Congress leaders while directing them to delete the allegations made by them during a press conference, from all social media platforms.

The Court had also rendered a finding that there was no license ever issued in favour of Irani or her daughter in connection with the restaurant.

In this backdrop, the reply filed by the Congress Leaders states that Irani had obtained the said order on the basis of "suppressions and egregious misrepresentations."

"In doing so she has come to the Hon'ble Court with unclean hands and on that basis alone all the reliefs sought should be denied, and the Impugned Order should be vacated," the reply reads.

The reply further adds that Irani cannot claim a blanket immunity from questions regarding probity in her personal dealings and that the Congress leaders are not only entitled but duty bound to raise issues of public importance regardless of the office held by the individual from whom the answers are sought.

"It must also be pointed out that till date, the Plaintiff has refused to offer clarifications or answer these questions. To say that only investigative authorities can ask such questions would represent a complete erosion of transparency, a fact which the Plaintiff will agree with given her history of raising such issues as well. Furthermore, deflections, ambiguous statements, denial of self- made statements and ascribing of motives to those who ask such questions does not constitute an answer nor do they exonerate a public figure from scrutiny," the reply adds.

The written statement has been filed through Advocates Omar Hoda and Eesha Bakshi.

The suit has been filed seeking mandatory and permanent injunction against the Congress leaders, to take down and delete various false and defamatory allegations against Irani and also from levelling false allegations against her.

The suit sought an ax-parte interim temporary injunction directing social media platforms, Twitter, Youtube and Meta, to take down or remove the allegations against Irani, video of Press Conference and the content linked to the same.

It also sought directions on social media plato for to take down or remove the videos, posts, tweets and re-tweets alongwith morphed pictures of Irani and her daughter.

Case Title: Smriti Irani v. Pawan Khera & Ors.