Saturday 21 March 2015

When Court should not grant blanket injunction in case of publication which is in public interest?



In the written statement, a reference is made to the public 
notice issued by the Reserve Bank of India in several newspapers in 
respect of the restrictions put on the Janata Commercial Bank Ltd., 
Khamgaon,   with   which   the   close   connection   and   control   of   the 
plaintiff   and   his   family   members   is   sought   to   be   established.     The 
attempt   on   the   part   of   the   defendants   to   establish   the   defamatory 
allegations prima facie seems to be in good faith and for public good 
and interest by producing the material on record.  The Trial Court has 
committed an error in holding that the provision of law is that the 
defamatory articles are presumed to be false unless contrary is proved. 
It has also committed an error in pre­judging the issue by holding that 
the items published have no concern with the public interest or for 
public   good.     The   allegations   or   aspersions   made   in   the   articles 
prima  facie seem to  be  inter­linked.   The  grant of blanket order  of 
injunction cannot, therefore, be countenanced and it will have to be 

set   aside.     Shri   Sirpurkar,   the   learned   counsel   appearing   for   the 
plaintiff,   has   relied   upon   several   decisions   referred   to   by   the   Trial 
Court in the impugned order.  However, I do not find it necessary to 
refer to those judgments at this stage. 
In   the   result,   the   appeal   is   allowed.  

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR

 Sanj Daily Lokopchar,
through its owner
Kishor Babulbhai Ruparel,

Occupaation – Editor, Owner
and Publisher Sanj Daily
Lokopchar,
Office at Sunny Tower,
Main Road, Khamgaon,
Dist. Buldhana.

Versus
Gokulchand Govindlal Sananda,

Coram : R.K. Deshpande, J.


Date of Pronouncing the Judgment :  10   October, 2014
 th 
 Citation;2015(2) MHLJ 390


In Regular Civil Suit No.17 of 2013 for grant of damages of 
Rs.25,00,000/­ for the per se defamatory publications and for grant of 
permanent   injunction   restraining   the   defendants­owner,   printer   and 
publisher of daily newspaper “Sanj Daily Lokopachar” from publishing 
news items of defamatory and malicious in nature against the plaintiff 
and   his   family   members,   the   Trial   Court   has   passed   an   order   of 
temporary   injunction   on  15­3­2014.    The   defendants   are   restrained 
temporarily from publishing any defamatory article as well as other 
article   relating   to   plaintiff   and   his   family   members,   till   the   final 

decision of the suit.  The original defendants are before this Court in 
this appeal under Order XLIII, Rule 1(r) read with Section 104 of the 
Civil Procedure Code.  The parties shall hereinafter be called according 
to their original status as 'plaintiff' and 'defendants'.
Plaintiff Gokul Govindlal Sananda alleges that he and all his 
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family members, including his four married sons, viz. (i) Dilipkumar 
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Gokulchand   Sananda,   (ii)   Rajendra   Gokulchand   Sananda, 
(iii)   Ashokkumar   Gokulchand   Sananda,   and   (iv)   Mukeshkumar 
Gokulchand Sananda are tax payers, agriculturists, businessmen and 
occupying   various   high   ranking   positions   in   private   educational 
institutions, public religious and charitable Trusts, the municipal and 
local   bodies,   the   co­operative   banks   and   rendering   social   service, 
having   very   high   respect,   reputation   and   esteem   in   the   Society. 
Son   Dilipkumar   Gokulchand   Sananda   is   a   sitting   Member   of 
Legislative   Assembly,   having   enjoyed   continuously   three   terms   and 
leading   a   social   and   public   life.     Second   son   Rajendra   Gokulchand 
Sananda is a businessman and was a Chairman of Janta Commercial 
Co­operative Bank Ltd., Khamgaon and also a Director of Agriculture 
Produce Market Committee, Khamgaon.  He claims to be working with 
Shree Swami Samarth Religious Trusts, known to the public at large. 
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Third   son   Ashokkumar   Gokulchand   Sananda   was   the   President   of 
Khamgaon   Municipal   Council   and   is   occupying   the   position   as   a 
Leader   of   the   opposition   party,   having   contributed   in   social   and 
educational fields.  Fourth son Mukeshkumar Gokulchand Sananda is 
a businessman running an Oil Mill and dealing with oil and cotton 
products.     The   plaintiff   claims   that   his   entire   joint   Hindu   family   is 
contributing in various social, educational and religious fields and they 
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are carrying out upliftment and development in the Society at large 
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through their emerged and efficient efforts.
It   is   alleged   in   the   plaint   that   defendant   Kishor   Babubhai 
Ruparel is the tenant in the house property purchased by Dilipkumar 
Gokulchand  Sananda, the  son of  the  plaintiff, and  was defaulter  in 
paying   regular   rent.     There   is   a   dispute   between   the   landlord   and 
tenant and the said defendant is being proceeded with for eviction and 
possession.  As a counter­blast, it is alleged that the said defendant is 
engaged in the activities of wild, reckless and irresponsible journalism 
by publishing per se defamatory articles, news items and photographs 
in the newspaper “Sanj Daily Lokopachar” contrary and in defiance of 
all   ethics   of   journalism,   without   verifying   the   truthfulness,   public 
interest and the correctness of the news.  Various instances are quoted 
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in   the   plaint   to   demonstrate   that   a   series   of  per   se  defamatory 
articles/photographs and news items containing innuendo are being 
published   against   the   plaintiff   and   his   family   members   daily.     The 
defendants  are   calling  the  plaintiff  as illegal  money  lender,  goonda 
and   don   in   illegal   business   of  desi  liquor.     One   of   the   sons   of   the 
plaintiff is described as  bewada  (addicted to liquor).   The deceased 
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wife of  the  plaintiff is described  as  Mandodari,   the  wife  of Ravan. 
Another   son,   who   is   a   sitting   Member   of   Legislative   Assembly,   is 
described as matimand (retarded), balish and matka king.  The family 
members of the plaintiff have also been called as 'Seth', 'Baba', causing 
harm to their reputation and image in the public at large.   It is also 
alleged that this is violating the right of privacy of family members of 
the plaintiff causing unlawful attack on the honour and reputation. 
5.
The defendants have filed written statement and reply to the 
application for grant of temporary injunction.  The relationship of the 
plaintiff   and   the   family   members   is   not   disputed,   though   a   plea 
regarding joint family of the plaintiff has been denied.  The defendants 
admit   that   the   plaintiff   and   all   his   family   members   are   the   public 
figures.     The   contention   that   the   plaintiff   and   his   family   members 
carry   very   high   respect,   reputation   and   esteem   in   the   Society,   is 
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denied.   The relationship of the defendant Kishor Bababhai Ruparel 
with   Dilipkumar   Gokulchand   Sananda   as   landlord   and   tenant,   is 
disputed.     It   is   admitted   that   the   defendant   Kishor   Ruparel   is   the 
owner,   printer   and   publisher   of   daily   newspaper   “Sanj   Daily 
Lokopachar”.  It is denied that the articles, news items, photographs of 
the plaintiff and his family members published in the said newspaper 
are  per se  defamatory.   The averment regarding the plaintiff and his 
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family are described as illegal money lenders, goonda, don,  bewada, 
seth,  baba,  Mandodari,   etc.,   are   denied.     It   is   also   denied   that   the 
articles, news items and photographs are published without verifying 
truthfulness.
6.
It is  the  specific  stand  taken  in the  written  statement that 
whatever   articles,   news   items   and   photographs   in   respect   of   the 
plaintiff and his family members are published in the said newspaper, 
the   same   are   made   with   responsibility   after   proper   verification   in 
respect of their truthfulness.  It is the stand taken that the news items 
in   respect   of   the   bank   are   also   in   utmost   public   interest   and   are 
published with greatest responsibility.   It is the stand taken that the 
public at large is put on guard in having transactions with the said 
Janata Commercial Co­operative Bank Ltd., Khamgaon, controlled by 
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the family members of the plaintiff.  It is also the stand taken that the 
plaintiff   and   his   family   members   have   long­standing   criminal 
antecedents   and   they   are   charge­sheeted   for   that.     The   defendant 
claims that he professes journalism impartially, without fear or favour 
and he proposes to justify all such publications by producing material 
on record.   It is the stand taken that the defendants honestly believe 
that the contents of articles, news items and photographs are true and 
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correct and proposes to establish the same.  It is the stand taken that 
the   publications   are   based   upon   the   public   record,   including   the 
charge­sheets and the judgment of this Court and of the Apex Court, in 
which very scathing observations are made against the members of the 
family of the plaintiff and it remains no longer a right of privacy.  All 
the   comments   in   the   newspaper   amount   to   fair   criticism   and 
bona   fide.     It   is   the   stand   taken   that   the   defendant   exercises   his 
fundamental right under Article 19(1)(a) of the Constitution of India 
in publishing the articles, news items and photographs of the plaintiff 
and   his   family   members   making   out   a   case   under   First   and   Third 
Exceptions below  Section 499 of the Indian Penal Code.
7.
The Trial Court has gone through the averments made in the 
plaint and the written statement.   It notes that the defendants have 
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published   various   new   articles   referring   to   various   criminal   cases 
against   the   plaintiff   and   his   family   members.     The   judgments   in 
number   of   money   lending   cases   against   Dilipkumar   Gokulchand 
Sananda are produced.  It is observed that the defendants have neither 
produced any document to support their new items about Matka King, 
Cyber Crime, Matimand, Balish and other per se defamatory words nor 
produced any affidavits of witnesses to support  those contentions.  It 
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records the finding that the provision of law is that the defamatory 
articles   are   presumed   to   be   false   unless   contrary   is   proved.     The 
decision of the Apex Court in the case of R. Rajagopal alias R.R. Gopal  
and   another  v.  State   of   Tamil   Nadu   and   others,   reported 
AIR 1995 SC 264, on the question of right to privacy under Article 21 
of the Constitution of India is referred to and the finding is recorded 
that the plaintiff has right to safeguard the right of privacy of his own 
and family members.  It has been held that the items published have 
no concern with the public interest and show that the entire family 
members   of   the   plaintiff   have   been   defamed.     The   finding   is   also 
recorded that if the news items are perused minutely, it cannot be said 
that those defamatory words are necessary for public good or public 
interest.  The articles are based upon the rumours and the freedom of 
press is not absolute, unlimited or unfettered.  The Court has held that 
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as   per   Section   38   of   the   Specific   Relief   Act,   an   injunction   can   be 
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granted to prevent the breach of an obligation.
In paras 112 and 116, the Trial Court has held as under :
“112.
In addition to that, learned advocate for defendants  
argued that injunction cannot be granted as equally efficacious  
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remedy   of   damages   is   available   to   plaintiff.     But   it   is   well  
settled position that there is nothing important than reputation  
to a person.   Reputation  cannot be compensated in  terms of  
money.   A person requires years together to earn reputation,  
but it goes away within a moment.   Right of freedom, speech  
and expression is subject to various restrictions like respect of 
the right and reputation of other.   The defendants could have  
published   these   news   articles   in   the   better   language   without  
using defamatory words if it was for public interest.”
“116.
The facts of present case are very peculiar in nature.  
There is relation of landlord and tenant between plaintiff's son  
and defendant no.2.  Their relations are strained.  The nature  
of news articles published by defendants sufficiently show the  
intention   of   defendants   to   defame   plaintiff   and   his   family.  
Hence,   under   such   circumstances,   it   would   not   be   proper   to  
modify the earlier order.   Considering the entire facts, I find  
that   balance   of   convenience   tilts   more   in   favour   of   plaintiff  
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than defendants.” 
The operative portion of the order of temporary injunction passed by 
the Trial Court on 15­3­2014 is reproduced below :
Application Exh 5 is allowed.
2) The   defendants,   their   agents,   servants,   publisher,  
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“1) 
distributors,   workers,   assignees,   representatives,   heirs,   or  
anybody   on   behalf   of   the   defendants   are   hereby   temporarily  
restrained  from  publishing  any  defamatory article  as  well  as  
other article relating to plaintiff and his family members, till  
final decision of this suit.
3)
9.
Costs­in­the cause.”
Shri Sangram Sirpurkar, the learned counsel for the plaintiff, 
has relied upon Article 21 of the Constitution of India to claim a right 
of privacy read with Sub­Article (2) of Article 19 of the Constitution of 
India   and   the   provision   of   Section   499   of   the   Indian   Penal   Code. 
Shri   S.M.   Gordey,   the   learned   Senior   Advocate,   assisted   by 
Shri B.G. Kulkarni, Advocate for the defendants, has relied upon the 
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fundamental   right   of   freedom   of   speech   and   expression   enshrined 
under Article 19(1)(a) of the Constitution of India read with First and 
Third Exceptions below Section 499 of the Indian Penal Code.  
10.
For the sake of convenience, the provision of Article 19(1)(a) 
and   (2)   of   the   Constitution   of   India   being   relevant,   is   reproduced 
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below :
(a)
“19. Protection of certain rights regarding freedom of speech,  
etc.­­(1) All citizens shall have the right­­
to freedom of speech and expression;
(2) Nothing in sub­clause (a) of clause (1) shall affect the  
operation   of   any   existing   law,   or   prevent   the   State   from  
making   any   law,   in   so   far   as   such   law   imposes   reasonable  
restrictions on the exercise of the right conferred by the said  
sub­clause in the interests of the sovereignty and integrity of  
India, the security of the State, friendly relations with Foreign  
States,   public   order,   decency   or   morality   or   in   relation   to  
contempt of court, defamation or incitement to an offence.”
Section 499 of the Indian Penal Code is also relevant and hence it is 
reproduced below :
“499. Defamation.­­Whoever,   by   words   either   spoken   or  
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intended to be read, or by signs or by visible representations,  
makes   or   publishes   any   imputation   concerning   any   person  
intending to harm, or knowing or having reason to believe that  
such imputation will harm, the reputation of such person, is  
said, except in the cases hereinafter excepted, to defame that 
person.
Explanation 1.­­ It may amount to defamation to impute  
anything to a deceased person, if the imputation would harm  
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the reputation of that person if living, and is intended to be  
hurtful to the feelings of his family or other near relatives.
Explanation 2.­­ It may amount to defamation to make  
an   imputation   concerning   a   company   or   an   association   or  
collection of persons as such.
Explanation   3.­­   An   imputation   in   the   form   of   an  
alternative or expressed ironically, may amount to defamation.
Explanation 4.­­ No   imputation   is   said   to   harm   a 
person's   reputation,   unless   that   imputation   directly   or  
indirectly,   in   the   estimation   of   others,   lowers   the   moral   or  
intellectual character of that person, or lowers the character of  
that person in respect of his caste or of his calling, or lowers the  
credit of that person, or causes it to be believed that the body of  
that   person   is   in   a   loathsome   state,   or   in   a   state   generally 
considered as disgraceful.
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First   Exception  –   Imputation   of   truth   which   public   good  
requires   to   be   made   or   published.­­   It   is   not   defamation   to  
impute anything which is true concerning any person, if it be  
for   the   public   good   that   the   imputation   should   be   made   or  
published.  Whether or not it is for the public good is a question  
of fact.
Second Exception  – Public conduct of public servants.­­ It is  
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not defamation to express in good faith any opinion whatever  
respecting the conduct of a public servant in the discharge of his  
public   functions,   or   respecting   his   character,   so   far   as   his  
character appears in that conduct, and no further.
Third Exception – Conduct of any person touching any public  
question.­­ It is  not defamation  to express  in good  faith any  
opinion whatever respecting the conduct of any person touching  
any public question, and respecting his character, so far as his  
character appears in that conduct, and no further.”
The fundamental right under Article 19(1)(a) of the Constitution of 
India   provides  freedom  of   speech   and   expression,   including   that  of 
Press publication. It is controlled by Article 19(2) of the Constitution 
of   India,   which   contains   a   safeguard   of   reasonable   restrictions   on 
exercise of such right.   In terms of Section 499 of the Indian Penal 
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Code, whoever, by words either spoken or intended to be read, or by 
signs or by visible representations, makes or publishes any imputation 
concerning   any   person   intending   to   harm,   or   knowing   or   having 
reason to believe that such imputation will harm, the reputation of 
such  person, is said, except in the  cases covered  by the Exceptions 
Thus,   the   fundamental   right  under   Article   19(1)(a)   of  the 
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below it, to defame that person.  
Constitution of India is not an absolute or unfettered publication of 
any imputation causing or intending to cause harm to the honour and 
the  reputation of any person by making reckless and wild allegations 
of a defamatory nature.  Such an act is not permissible, under the garb 
of  exercise  of  right  of  freedom  of  speech   and  expression  enshrined 
under   Article   19(1)(a)   of   the   Constitution   of   India.   If   an   act   of 
defamation, as contemplated under Section 499 of the Indian Penal 
Code,   is   committed,   Section   500   of   the   Penal   Code   provides   the 
punishment for a term of two years or with fine or both under Section 
500   of   the   Penal   Code.     The   Exceptions   below   Section   499   of   the 
Penal Code, however, provides protection from punishment if a case is 
made out under the said Exceptions.   This can also be a protection 
from   any   tortious   liability   of   libel.     Thus   the   burden   of   proof   to 
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establish a case of defamation or libel is on the complainant or the 
plaintiff, who has come before the Court with such a case and the 
burden   of   proof   to   establish   that   the   case   falls   under   any   of   the 
Exceptions below Section 499 of the Indian penal Code is upon the 
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person, who commits an alleged act of defamation.
The   law   on   the   question   of   grant   of   temporary   injunction 
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restraining   the   defendant   from   publishing   an   article,   news   item   or 
picture   of   a   defamatory   character,   is   by   and   large   settled.     The 
judgment  of   the   learned   Single   Judge  of   this   Court,   referred   to   by 
Shri Gordey, in the case of  Abdul Wahab Galadari  v.  Indian Express  
Newspapers   (Bombay)   Ltd.,   and   others,   reported   in 
AIR 1994 Bombay 69, has considered the principles of law in England 
and India.  Paras 20, 21, and 22 of the said judgment being relevant, 
are reproduced below :
“20. A   plea   of   justification   especially   put   forth   by   the  
newspaper   is   the   subject   of   judicial   pronouncements.     For  
example   in   a   case   of   Fraser   v.   Evans   &   others,  
(1969) 1 All ER 8 Lord Denning observed :
“The Court will not restrain the publication of an article,  
even though it is defamatory, when the defendant says that he  
intends to justify it or to make fair comment on a mater of 
public interest.  That has been established for many years ever  
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since Bonnard v. Perryman (1) The reason sometimes given is 
that the defences of justification and fair comment are for the  
jury, which is the constitutional tribunal, and not for a judge;  
but a better reason is the importance in the public interest that  
the truth should be out.””
“21. The   next   is   the   case   of   Harakas   and   others   v.   Baltic  
Mercantile and Shipping Exchange Ltd. and another, reported  
in   (1982)   2   All   ER   701,   again   Lord   Denning   observed  
(at page 703): 
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“This   case   raises   a   matter   of   principle   which   must   be 
observed.   This Court never grants an injunction in respect of  
libel when it is said by the defendant that the words are true  
and that he is going to justify them.  So also, when an occasion  
is protected by qualified privilege, this Court never grants an  
injunction to restrain a slander or libel, to prevent a person  
from exercising that privilege, unless it is shown that what the  
defendant proposes to say is known by him to be untrue so that  
it is clearly malicious.  So long as he proposes to say what he  
honestly believes to be true, no injunction should be granted  
against him.  That was made clear in Quartz Hill Consolidated  
Gold Mining Co. v. Beall, (1882) 20 Ch D 501.”
“22. The   same   view   has   also   been   adopted   by   the   Division  
Bench of this  Court  comprising  of Mookerjee, C.J.  And  Smt.  
Sujata Manohar, J. in an Appeal No.464 of 1989 from Notice  
of Motion No.48 of 1989 in Suit No.3907 of 1988 in the case  
of   Dr.   Yashwant   Trivedi   v.   Indian   Express   Newspapers 
(Bombay) Pvt. Ltd. & Ors., decided on 29th June, 1989 and the  
ratio in the case of Harakas and Others v. Baltic mercantile  
and   Shipping   Exchange   Ltd.,   and   another   (supra)   and   in  
particular the portion quoted above has been approved.   The  
Division Bench also observed that :
“The crux of the matter is that when in a libel action at  
the interlocutory stage the defendant raises plea of justification  
and,   as   in   this   case,   mentions   evidence   by   which   he   might  
substantiate   his   case,   the   Court   is   unlikely   to   grant   an  
interlocutory   injunction   in   favour   of  the   plaintiff  to  restrain  
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further publication of the alleged libel.”
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In the said Judgment the passage appearing in the treatise on  
Libel and Slander by Gatley, Eighth Edition, has been provided  
with approval which is also quoted hereinbelow :­­
13. 
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“1574.  Justification ; Where the defendant swears that  
he   will   be   able   to   justify   the   words   –   unless   the   Court   is  
satisfied that he will not be able to do so.   The validity of a  
justification, if pleaded, is eminently a matter to be determined  
by a verdict of a jury.  When once a defendant says that he is  
going to justify the words complained of, there is an end of the  
case so far as an interim injunction is concerned, although in a  
proper   case   it   may   be   that   the   Court   will   intervene   on   the  
ground of a breach of confidence.”
In the decision of the Division Bench of Madras High Court, 
referred to by Shri Gordey, in the case of R. Rajagopal @ R.R. Gopal @ 
Nakkheeran Gopal v. J. Jailalitha, decided on 6­4­2006, the Court has 
taken   review   of   English   as   well   as   Indian   cases.     It   considers   the 
celebrated case of R.R. Gajagopal @ R.R. Gopal v. State of Tamil Nadu, 
reported in  (1994) 6 SCC 632, referred to by Shri Sirpurkar, dealing 
with the right of privacy of citizens of the country under Article 21 of 
the Constitution of India and the parameters of the right of the press 
under Article 19(1)(a) therein to criticize and comment on the acts 
and conduct of public officials.  It has been held that though the right 
to   privacy   can   be   characterized   as   fundamental   right,   it   is   not   an 
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absolute right.   It has been held that in a democratic set up, a close 
and microscopic examination of private life of public men is a natural 
consequence of holding of public offices.  It has been held in para 30 
that what is good for a private citizen who does not come within the 
public gaze may not be true of a person holding public office.  What a 
person holding public office does within the four walls of his house 
does not totally remain a private matter.   It has been held that the 
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scrutiny of public figures by media should not also reach a stage where 
it   amounts   to   harassment   to   the   public   figures   and   their   family 
members   and   they   must   be   permitted   to   live   and   lead   their   life   in 
peace.     But   the   public   gaze   cannot   be   avoided   which   is   necessary 
corollary of their holding public offices.
14.
In para 28 of the judgment of Madras High Court in the case 
of R. Rajagopal @ R.R. Gopal @ Nakkheeran Gopal and another, cited 
supra, the decision of the Apex Court in the case of  Sakal Papers (P) 
Ltd. v. Union of India, reported in AIR 1962 SC 305, is considered on 
the   right   to   publish   and   the   freedom   of   press   enshrined   in 
Article 19(1)(a) of the Constitution of India.  It has been held that the 
freedom   of   speech   and   expression   of   opinion   is   of   paramount 
importance under a democratic constitution which envisages changes 
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in   the   composition   of   legislatures   and   governments   and   must   be 
preserved.     It   has  been   held   that  the   interim   order   granted   by  the 
learned single Judge is a blanket injunction and it amounts to a gag 
order   or   censorship   of   press   and   such   censorship   cannot   be 
countenanced   in   the   scheme   of   our   constitutional   framework.     It 
further   holds that  even  assuming   that  the   articles  published   by  the 
appellants amount to character assassination of the respondents, there 
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is   no   justification   for   granting   a   blanket   injunction   restraining   the 
appellants from publishing any articles in future.
15.
The principle of English law is that in case of an action for 
defamation, once the defendant raised the plea of justification at the 
interim   stage,   the   plaintiff   will   not   be   entitled   to   interlocutory 
injunction.  However, in India, mere plea of justification would not be 
sufficient for denial of interim relief.  The defendant, apart from taking 
a  plea   for  justification,  will  have  to  show  that the  statements  were 
made   bona   fide   and   in   public   interest   or   public   good   and   the 
defendant had taken reasonable care to ascertain the truth and that 
the   statements   were   based   on   sufficient   material,   which   would   be 
tested for its veracity.  The Court is entitled to scrutinize the material, 
which can be looked into even at the interlocutory stage. In case of 
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conflicting interests under Articles 19(1)(a) of freedom of speech and 
expression and Article 21 regarding right of privacy, the Court has to 
strike   the   balance   by   segregating   such   interests.     The   Court   has   to 
consider the effect of one over the other.  This cannot be done at an 
interlocutory stage, specifically when the allegations or aspersions are 
so   inter­linked that the in­house conduct of the plaintiff and/or his 
family members, which is connected with their public life outside the 
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house, needs a closure scrutiny in public interest and an attempt is 
being made to honestly justify or establish the truth in the allegations 
or aspersions made through the articles, news items or pictures.  The 
grant of temporary injunction would amount to pre­judging the issue. 
The remedy of the public figure would arise only when publication is 
made and there is no law under which the publication of defamatory 
material can be prevented [See : Govind v. State of Madhya Pradesh : 
(1975) 2 SCC 148].  The blanket order of injunction in such a situation 
prohibiting the press or media from publishing any kind of defamatory 
or   libellous   material   would   virtually   amount   to   a   gag   order   or 
censorship of the press.  
16.
In the present case, as per the averments made in the plaint 
itself, the plaintiff and his family members constitute  a  joint Hindu 
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family consisting of at least some of the members occupying public 
offices.   The defendants accept the position that the plaintiff and his 
family members occupy the public offices or figures and are the public 
officials.   The plaintiff claims that all the members of his family are 
leading a social and public life.   Though there is a dispute raised in 
respect of certain articles, news items and photographs regarding their 
nature   being   defamatory   or   libellous,   some   of   the   allegations   or 
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aspersions, no doubt, are defamatory and libellous in character.  The 
defendants   have   produced   on   record   the   material   indicating   that 
various criminal cases are pending against the plaintiff and his family 
members, including those under the Bombay Money Lenders Act.  The 
Trial Court has recorded the finding that the judgments in number of 
money   lending   cases   against   Dilipkumar   Gokulchand   Sananda   are 
produced.     One   of   such   judgments   being   the   decision   of   the   Apex 
Court in SLP (Cri.) No.2614 of 2009 (State of Maharashtra & Ors.  v. 
Sarangdharsingh Shivdassingh Chavan & Anr), in which it is claimed 
that   very   scathing   observations   are   made   by   this   Court   against   the 
plaintiff and his family members.   The portion from the concurring 
judgment delivered by His Lordship G.S. Singhvi in para 9, which is 
reproduced below :
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“9. The   facts   of   this   case,   as   noticed   in   the   judgment  
prepared by brother Justice Ganguly, show that with a view to  
frustrate the complaint made by respondent No.1 who alleged  
that   respondent   No.2­Gokulchand   Sananda,   his   family  
members and some other money lenders were harassing him  
and   other   farmers   and   also   to   stall   the   action   likely   to   be  
initiated by the concerned police authorities under the Bombay  
Money   Lenders   Act,   1946.     Shri   Dilip   Kumar   Sananda,   a  
member   of   the   Legislative   Assembly   approached   the   Chief  
Minister   for   a   special   treatment.     In   the   first   place,   the  
Principal Secretary of the Chief Minister made enquiries from  
the police station about the cases registered against Sananda.  
Thereafter,   the   Chief   Minister,   without   verifying   the  
truthfulness or otherwise of the assertion of Shri Dilip Kumar  
Sananda that false complaints were being lodged against his  
family members, issued instructions that complaint against the  
concerned M.L.A. and his family members should be first placed  
before   the   District   Anti­Money   Lending   Committee,   which  
should obtain legal opinion of the District Government Pleader  
and then only take decision on the same and take appropriate  
legal action.   The camouflage of sophistry used by Shri Vilas  
Rao   Deshmukh   in   the   instructions   given   by   him   and   the  
affidavit   filed   before   this   Court   is   clearly   misleading.     The  
message to the authorities was loud and clear i.e. they were not  
to take the complaints against Sananda family seriously and  
not   to   proceed   against   them.     The   District   Magistrate,   the  
District   Superintendent   of   Police   and   officers   subordinate   to  
them were bound to comply with the same in their letter and  
spirit.     They  could   disregard   those   instructions   at  their   own  
peril and none of them was expected to do so.   The District  
Anti­Money   Lending   Committee   was   constituted   by   the  
Government   of   Maharashtra   vide   resolution   No.MLA.
1204/CR/280/C/7/S dated 19th October, 2009 for protecting  
the farmers against unscrupulous money lenders and not for  
protecting the wrong doers, but in total disregard of the scheme  
of the Act, the Minister gave instructions which had the effect of  
frustrating the object of the legislation enacted for protection of  
the farmers.   The instructions given by the Chief Minister to  
District   Collector,   Buldhana   were   ex   facie   ultra   vires   the  
provisions   of   the   Act  which   do   not  envisage   any  role   of   the  

Chief Minister in cases involving violation of the provisions of  
the Act and amounted to an unwanted interference with the  
functioning   of   the   authorities   entrusted   with   the   task   of  
enforcing   the   Act   enacted   for   regulating,   controlling  
transactions   of   money   lending   and   protecting   unsuspecting  
borrowers against oppression and harassment at the hands of  
unscrupulous money lenders.” 
In the written statement, a reference is made to the public 
17.

notice issued by the Reserve Bank of India in several newspapers in 
respect of the restrictions put on the Janata Commercial Bank Ltd., 
Khamgaon,   with   which   the   close   connection   and   control   of   the 
plaintiff   and   his   family   members   is   sought   to   be   established.     The 
attempt   on   the   part   of   the   defendants   to   establish   the   defamatory 
allegations prima facie seems to be in good faith and for public good 
and interest by producing the material on record.  The Trial Court has 
committed an error in holding that the provision of law is that the 
defamatory articles are presumed to be false unless contrary is proved. 
It has also committed an error in pre­judging the issue by holding that 
the items published have no concern with the public interest or for 
public   good.     The   allegations   or   aspersions   made   in   the   articles 
prima  facie seem to  be  inter­linked.   The  grant of blanket order  of 
injunction cannot, therefore, be countenanced and it will have to be 

set   aside.     Shri   Sirpurkar,   the   learned   counsel   appearing   for   the 
plaintiff,   has   relied   upon   several   decisions   referred   to   by   the   Trial 
Court in the impugned order.  However, I do not find it necessary to 
refer to those judgments at this stage. 
In   the   result,   the   appeal   is   allowed.   The   order 
18.
dated 15­3­2014 passed below Exhibit 5 by the Trial Court in Regular 

Civil   Suit   No.17   of   2013,   is   hereby   quashed   and   set   aside.     The 
application at Exhibit 5 is dismissed.  No order as to costs.
JUDGE.


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