Salman Khan Seeks Contempt Action Against Kamaal Khan for Defamation Despite Statement Before Court

On Monday, Judge CV Marathe took the Notice of Motion, filed under Order 39 Rule 2A of the Code of Civil Procedure, on record( Consequence of disobedience or breach of injunction). The plea seeks Khan's detention in civil prison, his physical presence in court, disclosure of all his assets and directions to take down the defamatory content.

It may be pertinent to note that offensive tweets don't mention Khan's name. However, Khan says that the word 'Bhai' is like his pet name, and people associate the tweets with him.

Salman Khan and Salman Khan Ventures had filed a suit in response to a YouTube video's uploaded by Kamaal R. Khan wherein he had reviewed Salman Khan's recently released Hindi film "Radhe". The video reportedly garnered 1,85,126 views within a span of less than two days.

The plaint, which seeks for a written unconditional apology to be published by the Defendant on his social media accounts, including his Twitter and Instagram, states that, apart from the video, KRK has repeatedly been making serious allegations against the Plaintiff, his film "Radhe" and his brand "Being Human".

During the last hearing, KRK, through his lawyer Manoj Gadkari, said that he would not make defamatory remarks against Khan till the next date. The statement continues.

On Monday, Khan represented by counsel Pradeep Ghandhy, instructed by advocate Parag Kandhar from DSK Legal argued the first notice of motion.

The court also took KRK's reply on record, following which the matter was adjourned to Friday.

Background

Khan, contends in the plaint that the Defendant (KRK) is not a critic, but a habitual offender who, under the guise of critiquing a film, is making sensational false statements and personal comments with a view to malign and ridicule the Plaintiffs and thereby gain cheap publicity as well as illicit gains at the cost of the Plaintiffs' image and reputation.

Further, it has been submitted that the "defamatory, false and baseless assertions tarnish the goodwill, reputation and image of the Plaintiffs in the minds of general public which they have built over the years through hard work and efforts".

The plaint also states that the actions of the Defendant constitute a systematic and well-orchestrated smear campaign against the Plaintiffs without any due cause or basis, and he is therefore required to be restrained from continuing to do so any further.

The suit, therefore, prays to the court to injunct the Defendant from "directly or indirectly making and uploading videos, posting, re-posting, tweeting, re-tweeting, giving interviews, corresponding, communicating, uploading, printing, publishing, re-publishing any further or other defamatory/slanderous content and/or making any further or other defamatory content, derogatory remarks, posts, messages, tweets, videos, interviews, communications and correspondence in relatioin to the Plaintiffs, their business/associations, their present and future projects/films including the said film "Radhe."