Delhi High Court Refuses To Stay Release Of Book Written By Former Indian Hockey Team Coach

Update on September 19: Delhi High Court Restrains Former Hockey India Coach From Publishing Info Related To Medical Condition Of Woman Player

Refusing to stay the release of a book authored by Sjoerd Marijne - the former coach of Indian Hockey Team, the Delhi High Court has said there cannot be any confidentiality or privacy with regard to the medical condition of a sports personality.

The Book "Will Power: The Inside Story of the Incredible Turnaround in Indian Women's Hockey" is scheduled to be released on September 21.

Gurjit Kaur, a field hockey player, has approached the court with a suit seeking a permanent and mandatory injunction as well as damages against the book's publisher HarperCollins Publishers India Private Limited and its author Sjoerd Marijne. Kaur's case before the court is that Marijne in the book has disclosed certain confidential information that was shared by her with him in confidence when he was the coach of the Indian Hockey team.

Refusing to pass an ad interim order without giving the defendants an opportunity to respond, Justice Amit Bansal said Kaur has not denied that she suffers from medical condition.

"There cannot be any confidentiality or privacy with regard to a medical condition of a sports personality. On a regular basis, there are news reports about injuries and medical conditions of sports personalities. Reference may be made to compilation of such articles handed over by the counsel for the defendant in Court," said the court. 

The Court further said that if Kaur has been playing with the medical condition for many years, the same cannot remain confidential.

"The manuscript of the Book reveals that the Plaintiff told all other team mates of this medical condition and they all rallied around her. There are laudatory references to the plaintiff in the manuscript of the Book that despite the medical condition of the plaintiff, she has achieved success in the international field," the Court added.

Observing that no prejudice can be cause to Kaur by the publication of the book, the court said balance of convenience requires that "no ad interim order is passed staying the release of the Book."

Kaur's counsel advocate Shyel Trehan earlier argued that divulging of such confidential information amounted to violation of the Code of Conduct of Hockey India, which was signed by Marijne. Trehan particularly referred to Clause 20 of 'Hockey India/Hockey India League Code of Conduct and Sanctions'.

On the other hand, the counsel appearing for the book's publisher submitted that there was nothing confidential about Kaur's medical condition as it was known to all other team members as well. Advocate Swathi Sukumar, who represented HarperCollins, argued that being a public figure and a sports personality, Kaur cannot have right to privacy with regard her to her medical condition.

Issuing notice on the application seeking interim relief, the court asked the defendants to file replies within four weeks and granted further two weeks time for any rejoinders.

The matter will now be heard on 18th November.

Title: GURJIT KAUR v. HARPERCOLLINS PUBLISHERS INDIA PRIVATE LIMITED & ANR.

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