Delhi High Court's Ruling Requires Organiser Weekly (RSS) to Remove Defamatory Article Alleging Misconduct by Christian School Principal
In a recent legal development, the Delhi High Court has issued an order mandating the removal of an article published by Rashtriya Swayamsevak Sangh (RSS) weekly Organiser. The article in question had made severe allegations against the principal of a Christian minority school in Delhi, asserting that the principal was engaged in exploiting nuns, Hindu women, and students, and was implicated in various forms of inappropriate behavior. The case, identified as XYZ v. Bharat Prakashan (Delhi) Ltd & Ors, revolved around an article titled 'Indian Catholic Church Sex Scandal: Priest exploiting nuns and Hindu women exposed', which appeared in both Organiser and another news outlet, The Commune, in June 2023.
Justice Jyoti Singh presided over the case and directed both publications to take down the defamatory article from their platforms. The court contended that the articles had been published in a reckless manner, devoid of proper factual verification. Furthermore, it was noted that these articles were damaging the reputation of the school principal, a respected individual closely associated with multiple educational institutions in the country.
The court's evaluation concluded that the school principal had established a strong initial case in his favor. As long as these damaging articles remained accessible to the public, the potential for harm to his reputation persisted. The principal, who has held senior positions in various schools, vehemently denied any involvement in the alleged sexual activities or financial misconduct. He argued that the article's publication aimed solely to besmirch his reputation, as well as the reputation of the missionary organization. Additionally, he expressed concerns that the article could prejudice his anticipated promotion to a higher hierarchical role.
It was revealed that a police complaint has already been filed against the two platforms, with an ongoing inquiry process. Justice Singh carefully examined the contentious article and concluded that its content was inherently defamatory.
The court emphasized the significance of safeguarding one's reputation, a process that takes years to establish. Accordingly, the bench underscored the fundamental right to reputation enshrined in Article 21 of the Constitution. While Article 19(1)(a) provides the right to freedom of speech and expression, this right is not without limitations, as stipulated by Article 19(2), which encompasses defamation. The court reaffirmed that the freedom of speech and expression must be balanced against the right to protect an individual's reputation, a principle consistently upheld in legal precedents.
Consequently, the court issued an ex parte ad-interim injunction against the two media platforms, prohibiting further dissemination of the article. To maintain the anonymity and safeguard the reputation of the plaintiff and the associated school, their identities were not disclosed in the court order.
Advocates Sumit Bansal, Pankaj Gupta, Udaibir Singh Kochar, Tulna Rampal, Surbhi Tandon, and Aditya Bakshi represented the school principal in this case.
Click Here to: Download/View Related File
TAGS: Delhi High Court Ruling Organiser Weekly RSS Defamatory Article Christian School Principal Exploitation Allegations Nuns Hindu Women Students Inappropriate Behavior XYZ v. Bharat Prakashan (Delhi) Ltd & Ors Indian Catholic Church Sex Scandal The Commune Justice Jyoti Singh Removal Order Factual Verification Reputation Damage Educational Institutions Senior Positions Sexual Activities Financial Wrongdoing Police Complaint Inquiry Fundamental Right Article 21 Constitution Freedom of Speech Article 19(1)(a) Article 19(2) Defamation Ex Parte Ad-Interim Injunction Media Platforms Anonymity Plaintiff Advocates Sumit Bansal Pankaj Gupta Udaibir Singh Kochar Tulna Rampal Surbhi Tandon Aditya Bakshi.
