Delhi HC Directs Zee News & Others To Publish Ajay Kumar Gupta's Comments Within 5 Days In His Plea For Allegedly Broadcasting Defamatory Episode

The Delhi High Court has directed Zee News, Sudhir Chaudhary and DNA India to take comments of businessman Ajay Kumar Gupta and publish on their platform within 5 days while hearing a suit seeking mandatory injunction for allegedly airing a false and defamatory episode about him and his family members.

A single judge bench comprising of Justice Jayant Nath ordered thus:

"Let plaintiff give comments to the defendants on publication presently available on the social media. The defendants may publish precis comments on platform within 5 days of receipt of the comment of plaintiff."

It was the case of the plaintiff businessman that on 14th July 2021, an episode was hosted on Zee News (defendant no. 1) by Mr. Sudhir Chaudhary (defendant no. 2) titled "DNA: What is the connection of South Africa riots to India Gupta family?".

According to the plaintiff, it has been alleged that the said episode was false, baseless, and highly defamatory about him and his brothers. It has also been stated that the Defendants tried to create a false impression that the Plaintiff and his family members were responsible for the riots, alleged attacks and looting of the people in the Republic of South Africa, without any basis, veracity or evidence.

Additionally, the plaintiff was also aggrieved by an article published on 16th July 2021 by DNA India/Diligent Medial Corp. Ltd.(defendant no. 3) titled "DNA Explainer: What led to unrest in South Africa and role of Gupta brothers."

Senior Advocate Rajiv Nayyar appearing for the plaintiff submitted before the Court that a prima facie proof has to be shown when a news channel is putting some serious allegation of corruption against someone.

On the other hand, Senior Advocate Arvind Nayar appearing for all the three defendants submitted thus:

"I've got some 40 pages newspaper reports showing worst headlines. I never said it was a breaking news. I only reported what was in the public domain."

Arvind Nayar also objected to the Jurisdiciton of both main suit and application seeking temporary relief by submitting that the suit is barred by territorial jurisdiction. To back the said objection, reliance was placed by Nayar on the two judgments passed by the High Court.

Coming to the facts of the case, it has been stated that the plaintiff issued legal notice to defendants on 19th July wherein he had asked the Defendants to takedown the defamatory broadcast from their platform and social media accounts within 48 hours of receipt of this notice, run an apology on the prime show etc. However, it has been averred that no satisfactory reply was received from the defendants.

Therefore, suit was filed praying for a decree of mandatory injunction directing the Defendant to immediately takedown/delete the broadcast/publication.

The plea also prays for deletion of any further broadcast/publication containing same/similar false allegations and also a direction to restrain the defendants from further broadcasting/ publishing. 

Appearance: Plaintiff was represented by Senior Advocates Rajiv Nayar, Siddharth Bhatnagar instructed by Mr Debmalya Banerjee Partner, Kartik Bhatnagar Principal Associate and Ujjwal Singh Associate from Karanjawala & Co.

Senior Advocate Arvind Nayar appeared for all the Defendants.

Title: AJAY KUMAR GUPTA VS. ZEE MEDIA CORPORATION LTD. & ORS.