Delhi High Court Refuses To Entertain Times Now Navbharat’s Plea Against Bar On Telecast Of ‘Operation Paap’ Against AAP MLA Naresh Balyan

The Delhi High Court on Friday refused to entertain a plea moved by Times Now Navbharat challenging a trial court order restraining the news channel from telecasting a programme “Operation Paap” against Aam Aadmi Party MLA Naresh Balyan.

Justice Manmeet Pritam Singh Arora refused to entertain the petition in light of the statutory provisions contained under Code of Civil Procedure and the remedies available with the news channel under the statute.

However, the court directed that if the news channel approaches the trial court on or before August 28 by filing its reply, then trial court shall adjudicate and pass final order on Times Now Navbharat’s interlocutory application on merits within a period of one week.

The court clarified that no adjournment shall be sought by either of the parties and that both the sides shall cooperate with the trial court in adjudication of the interlocutory application. 

“In the facts of the present case as noted above, this Court is of the opinion that the learned Trial Court has neither committed any procedural impropriety nor violated principles of natural justice in passing the impugned orders. The learned Trial Court and the Appellate Court are competent to deal with the challenge to the impugned orders on its merits and adjudicate upon the ‘defence of truth’ raised by the Petitioner herein,” the court said.

Justice Arora added that there is no dispute that the Trial Court had the jurisdiction to entertain the civil suit and adjudicate the reliefs sought in the plaint and therefore, the impugned orders were not without jurisdiction.

“Therefore, in light of the statutory provisions of CPC and remedies available to the Petitioner thereunder, this Court is not inclined to entertain this petition challenging the impugned orders on merits,” the court said.

The news claimed that Balyan and gangster Kapil Sangwan were allegedly talking about extorting two businessmen in an audio clip released by the channel.

Times Now Navbharat challenged the trial court order which was passed by ASCJ Ajay Kumar Malik of Dwarka Court in a defamation suit filed by the AAP leader.

The first interim order was passed by the trial court on August 17 restraining the channel from broadcasting the news till August 18.

“In view of above submissions, defendant M/s Times Now Navbharat/Times Group Media Channel is hereby directed to not to broadcast/telecast/print the news/statement/opinion under the heading of operation ‘PAAP’ against the plaintiff till next date of hearing [August 18],” the court had ordered on August 17.

Later, the interim order was extended by the court till August 23. However, the news channel approached the High Court on August 22.

It was Balyan’s case that he and his family were shocked by the news broadcasted by the news channel under heading “Sarji ka Vidhayak Gangster ka Sahay” which was false and had caused great loss to his reputation, including that of his family.

Senior Advocates Maninder Singh and Sandeep Sethi along with Advocates Niti Jain and Kunal Tandon appeared for Times Now Navbharat.

Senior Advocate Mohit Mathur along with Advocates B.S. Jakhar, Vikram Singh Jakhar and Sandeep Sharma appeared for Balyan.

Case Title: TIMES NOW NAVBHARAT v. NARESH BALIYAN

Citation: 2023 LiveLaw (Del) 748

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