Delhi High Court has provided relief to Shazia Ilmi who sued Rajdeep Sardesai and the news network India Today with a defamation case. Sardesai had uploaded a video claiming the abuse of an India Today journalist by BJP leader Shazia Ilmi. The contoversial video was taken down after the court's intervention.
The Court’s Findings
The order was passed by Justice Manmeet Pritam Singh Arora, who emphasized the necessity of examining the entire context surrounding the video. In an earlier hearing, the High Court had instructed Sardesai and India Today's counsel to submit the full, unedited footage for review. After carefully watching the video during the hearing on Tuesday, the Court observed:
"This court is also of the opinion that since the video was recorded after the plaintiff [Ilmi] had removed herself from the show, the happening of the events was entered a matter between the plaintiff and Defendant 12 (Cameraperson) and also the issue of the privacy of the plaintiff is a matter which the court would like to hear Defendant, Defendant 2 and Defendants 12's submissions on."
The Court's assessment clearly indicated that the video might have been captured without Ilmi’s consent, raising concerns about her privacy. Consequently, the Court ordered Sardesai to remove the video from all social media platforms until the application for interim relief filed by Ilmi is resolved. The Court stated:
"In the interregnum, in view of the request for adjournment made by the counsel, D1 (Sardesai) is directed to take down the video uploaded on his social media post until the disposal of this application [interim relief application]."
Background of the Dispute
The controversy originated from a debate conducted by Sardesai on India Today on July 26, 2023, centered around the politics concerning Kargil Vijay Diwas (Kargil Victory Day). The program also delved into discussions about the Agniveer scheme and the politicization of India’s defense forces.
During the debate, a clash erupted between Sardesai and Shazia Ilmi, who was representing the BJP. The altercation began when Ilmi intervened while Major General (Retired) Yash Mor was highlighting the shortcomings of the Agniveer scheme. Sardesai responded to Ilmi's interruption by asserting that the former General was presenting "hard facts." This led to a heated exchange between the two, with Ilmi eventually leaving the show.
Following the incident, Ilmi took to social media, expressing her dissatisfaction with Sardesai's conduct during the debate. She tweeted:
"Remember I have been on both the sides and know how to handle bullies like you. BTW it doesn’t behove political propagandists masquerading as journalists to sermonise."
The next morning, Sardesai shared a video on his social media account, alleging that Ilmi had mistreated the India Today video journalist who visited her home. He wrote:
"If you have a grouse with me or with an army general on the show, of course that’s your prerogative. And I respect that too. But for you to chuck the Mike and abuse our video journalist and throw him out of your house is just NOT done. He was only doing his job. No excuse for bad behaviour. The rest I leave to you. Have a good weekend."
Conclusion
The Court order has highlighted the delicate balance between the freedom of press and right to privacy. The journalists retain the right to report but it should not be at the cost of an invasion into someone else's character and privacy. It also highlights the importance of public interest, media freedom, and individual privacy and ethical reporting. As the final decision is much awaited it is set to lay a foundation to future cases arising from similar conflicts.
TAGS: Delhi High Court Rajdeep Sardesai Shazia Ilmi India Today defamation social media privacy concerns interim order video journalist Kargil Vijay Diwas Agniveer scheme
