IN the HIGH COURT of DELHI at NEW DELHI Judgment Reserved on : 17.09.2018
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$~ *IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on : 17.09.2018. Date of decision :29.09.2018. + CM(M) 556/2018 & CM APPL. 19354/2018 SWAMI RAMDEV ..... Petitioner Through: Mr.Neeraj Kishan Kaul and Mr. Dayan Krishanan, Sr.Advs. with Mr.Rohan Ahuja and Mr.Simranjeet Singh, Ms. Sonali Dhir, Advocates Versus JUGGERNAUT BOOKS PVT LTD & ORS ..... Respondents Through: Mr.Kapil Sibal, Sr.Advocate with Mr. Raj Shekhar Rao, Adv., Mr. Satyajit Sarna and Ms.Pallavi Srivastava, Advocates for R-1 Mr. Amit Aggarwal and Ms.Aanchal Timani, Advocates for R-2 Mr.Vishal Rao, Adv for R-3 Ms. Shilpa Gamnani, Adv. for R-4. Ms.Kruttika Vijay and Ms. Abhilasha Nautiyal, Advocates for R-5 AND CM(M) 556/2018 & 557/2018 Page 1 of 211 CM(M) 557/2018 & CM APPL. 19356/2018 SWAMI RAMDEV ..... Petitioner Through: Mr.Neeraj Kishan Kaul and Mr.Dayan Krishanan, Sr.Advs. with Mr.Rohan Ahuja and Mr.Simranjeet Singh, Ms. Sonali Dhir, Advocates. versus PRIYANKA PATHAK NARAIN & ORS .... Respondents Through: Mr.Amit Aggarwal and Ms.Aanchal Tikmani, Advocates for R-1. Mr.Kapil Sibal, Sr. Advocate with Mr. Raj Shekhar Rao, Adv., Mr.Satyajit Sarna and Ms.Pallavi Srivastava, Advocates for R-2 Mr.Vishal Rao, Adv for R-3. Ms. Shilpa Gamnani, Adv. for R-4. Ms.Kruttika Vijay and Ms. Abhilasha Nautiyal, Advocates for R-5. CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT ANU MALHOTRA, J. 1. The petitioner Swami Ramdev through his GPA holder Jaideep Arya, S/o Om Prakash vide the present petitions CM(M) 556/2018 and CM (M) No. 557/2018 assails the impugned orders dated CM(M) 556/2018 & 557/2018 Page 2 of 211 28.4.2018 and 28.4.2018 of the learned Addl. Senior Civil Judge, East District in MCA No.08/2017 and in MCA No.10/2017, filed by Ms.Priyanka Pathak Narain (hereinafter referred to as the Author) and M/s Juggernaut Books Private Limited (hereinafter referred to as the Publisher) respectively in the appeals under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908, as amended, of the BOOK ―Godman to Tycoon-The Untold Story of Baba Ramdev‖, ISBN No.9789386228383 (hereinafter referred to as ‗the BOOK‟) having been filed by the author (Ms.Priyanka Pathak Narain) and M/s Juggernaut Books Private Limited, the publisher of the BOOK respectively, against the orders of the learned Trial Court of the ACJ- CCJ-ARC (East) in CS No.619/2017 in the suit instituted by Swami Ramdev through the GPA holder against Ms.Priyanka Pathak Narain the author of the BOOK herein named above. M/s Juggernaut Books Private Limited (the Publisher), M/s Amazon India, M/s Flipkart Internet Private Limited and M/s Manipal Technologies Limited, arrayed as defendants No. 1, 2, 3, 4 & 5 to the said suit respectively with the prayers made therein to the effect: ―i. To pass the order against the defendants for restraining the defendants No.2,3 and 4 from publishing & selling the book titled as Godman to Tycoon; The Untold Story of Baba Ramdev as the same violates the Fundamental Right to Reputation as enshrined in Article 21 of the Constitution of India as the defendant no.1 has stated the contents without verifying the same. ii. pass an order to the restrain the defendants with effect that the Book is nothing but an attempt CM(M) 556/2018 & 557/2018 Page 3 of 211 to malign the image of the Baba Ramdev by the defendant no.2,3,4 in the eyes of the public at large, as the content/informationof the book is nothing but representing the facts in a twisted manner against the plaintiff. iii. it may be declared as objectionable content written by defendant no.1 against plaintiff in the statements in Para no.1 &2 of page no.201 of the conclusion of book (Godman to Tycoon, The untold story of Baba Ramdev) more particularly mentioned in the book are derogatory and affects the character of the plaintiff and tarnishes the reputation of the plaintiff and therefore be struck down from the said book (Godman to Tycoon, The untold story of Baba Ramdev). iv. pass a decree of permanent injunction order to delete those paras no. 1 & 2 of page no, 201 and other paras of book on different pages of book or lines as the case may be from the said book (Godman to Tycoon, The Untold story of Baba Ramdev) and till deletion not to distribute or sell by any means the same in market and not to write any such defamatory statements about the plaintiff in future. V. to pass an order against the defendants pending hearing and disposal of the suit defendant and his associates, agents, distributors, publishers be restrained by and order and injunction from selling, distributing parting with the book and to call for all the books from the market containing the statements referred in paras in the book (Godman to Tycoon, The untold story of Baba Ramdev) to the plaint. CM(M) 556/2018 & 557/2018 Page 4 of 211 vi. pass a decree of temporary injunction against the defendant no.l and in favour of plaintiff by way of restraining defendant no.l, not to give any interview in the print media, electronic media, social media or any kind of circulation, by which the content of defamation may be circulated in future. vii. The Hon‘ble Court after declaring to the extent as prayed above the Hon‘ble court may quantify the Damages and grant the same to the plaintiff alongwith interest and other incidental charges expenses, costs and interest Pendent-lite and future, from the date of its accrual till the actual realization by the plaintiff. viii. Any other relief which this Hon'ble court deems fit and proper may kindly be granted in favour of the plaintiff and against the defendants. ix. to pass the order by way of declaration as objectionable book as the content of the book is against the plaintiff. ix. Cost of the suit. X. Any other order to pass, which this Hon'ble Court may deem fit in favour of plaintiff.‖ 2. Vide the order dated 4.8.2017 which was the first order passed in the suit by the learned ACJ-CCJ-ARC, an ex parte restraint was granted against the defendant No.2 the publisher of the said BOOK M/s Juggernaut Books Pvt. Ltd. (the publisher) and the defendants No.3 and 4 i.e.. M/s Amazon India and M/s Flipkart Internet Pvt. Ltd. with the direction that M/s Juggernaut Books Pvt. Ltd. (Publisher) was CM(M) 556/2018 & 557/2018 Page 5 of 211 restrained from publishing and selling the BOOK titled as ‗Godman to Tycoon‘ bearing ISBN No. 978-93-8622-838-3 till further orders and that the defendants No.3 and 4 M/s.Amazon India and M/s. Flipkart Internet Pvt. Limited were restrained from selling the BOOK till further orders and any pending delivery of the BOOK to the buyer was directed to be stopped immediately and the defendant No.2 M/s Juggernaut Books Pvt. Ltd. (Publisher) was directed to issue directions to the vendors to prevent the sale of the BOOK till further orders of the Court and it was directed further that the said directions were to be issued by the defendant No.2 M/s Juggernaut Books (Publisher) by way of a public notice or any other effective means for conveying it to all. It was also held vide order dated 4.8.2017 of the learned ACJ-CCJ-ARC that the said order had been made without notice of the application filed by the plaintiff i.e., the present petitioner on his application seeking grant of an injunction because the object of granting the injunction would be defeated by the delay which would be caused during the process of serving the notice and hearing the defendants. 3. Vide order dated 27.9.2017 of the learned ACJ-CCJ-ARC, the applications under Order XXXIX Rule 1 & 2 CPC of the plaintiff, i.e., the present petitioner, and the application under Order XXXIX Rule 4 CPC filed by the defendants no.1 and 2, i.e., Ms. Priyanka Pathak Narain and M/s Juggernaut Books Pvt. Ltd. (publisher) were disposed of with the application under Order XXXIX Rule 1 & 2 filed by the plaintiff, i.e., the present petitioner, having been allowed and a CM(M) 556/2018 & 557/2018 Page 6 of 211 temporary injunction was granted against the defendants of the said suit as directed vide order dated 4.8.2017 in as much as the direction that the defendants had been restrained from publishing and selling the BOOK was reiterated with the contents of the order dated 4.8.2017 having been directed to be part of the order dated 27.9.2017. The application filed by the defendant Nos.1 and 2 i.e., Ms. Priyanka Pathak Narain and M/s Juggernaut Books Pvt. Ltd. seeking vacation of the injunction order dated 4.8.2017 was however dismissed. 4. The appeals against the order dated 27.9.2017 i.e. MCA No.8/17 filed by the author Ms.Priyanka Pathak Narain and MCA No. 10/17 filed by M/s Juggernaut Books Pvt. Ltd. against the order dated 27/9/2017 of the ACJ-CCJ-ARC East in suit No. 619/2017 were allowed by the ASCJ (East) and the directions of the ACJ-CCJ-ARC (East) dated 4.8.2017 and 27.9.2017 were set aside to the extent that the preservation/ban imposed on the publication and selling of the BOOK.