The Supreme Court on Monday refused to stay a Bombay High Court order, under which the Times Now news channel had been asked to deposit Rs 20 crore in cash and give a bank guarantee of Rs 80 crore before its appeal against a trial court award of damages of Rs 100 crore to former Supreme Court judge, Justice P B Sawant, could be heard.
Justice Sawant had sued the news channel for displaying his photo wrongly during the telecast of a news item on September 10, 2008 pertaining to a provident fund scam allegedly involving a Calcutta High Court judge. On a defamation suit by Justice Sawant, a Pune district court had ordered the company to pay him Rs 100 crore in damages.
The broadcaster had approached the apex court against a September 2011 order of the Bombay High Court, directing it to deposit Rs 100 crore as a precondition to hear its appeal against the trial court’s verdict.
An apex court bench headed by Justice G S Singhvi refused to grant any relief to Times Global Broadcasting Company Ltd, the company which owns the TV news channel, saying there was no error in the high court’s interim order.
“We find no reason to interfere with the high court’s order directing the petitioner to deposit Rs 20 crore and furnish a bank guarantee for the rest, Rs 80 crore (with it),” the bench said.
The channel’s lawyer submitted there were serious questions arising out of the high court order and it should be stayed. The bench dismissed his plea but clarified the high court would not get influenced by the proceedings in the apex court and would decide the case on merit.
Times Global Broadcasting Company Ltd had maintained it had already apologised to Justice Sawant in its news scroll for five days in 2008 and was, therefore, not liable to pay damages.