HC dismisses media house defamation suit against journalist

The Delhi High Court today dismissed a defamation suit filed by a TV channel against union minister M J Akbar, when he was a senior journalist, and others for publishing an alleged libel article against it in 2010.

Justice Rajiv Sahai Endlaw rejected the suit of NDTV claiming Rs 25 crore damages from Akbar, then the managing editor of 'The Sunday Guardian' newspaper, its publisher and others for allegedly defaming it by publishing the article.

"The onus of all the issues was on the plaintiff (NDTV) and which the plaintiff has failed to discharge; resultantly, the suit of the plaintiff has to be dismissed and is dismissed," the judge said.

 

The court also raised questions over the conduct of both the parties in delaying the matter, dubbing them as "non-serious litigants".

It said if the media house was so aggrieved by the acts of the journalist and others, it ought to have shown urgency and given importance to the matter on which a high monetary value was being given.

"The argument urged of 'no prejudice will be caused to anyone', is of no avail. Prejudice is indeed suffered by the court, which incurs cost of thousands of rupees for each listing of a case. Prejudice is also suffered by the court by such cases adding to the inventory of the court and being shown as arrears of pendency in the court and bringing a bad name to the court.

"Prejudice is also suffered by other litigants pursuing/defending their bona fide disputes in the court and who, owing to such non-serious litigants, as the parties herein are, are unable to get expeditious listings as they deserve. Such conduct of litigants is thus affecting the administration of justice," the court said.

It observed that the argument of 'none suffering prejudice' was "self-centered", forgetting that the courts are public institutions and "not fiefdom of the rich who can afford to inflate their claims."

NDTV had filed the defamation suit seeking recovery Rs 25 crore damages from managing editor Akbar, printer and publisher Sushil Gujral, deputy editor Joyeeta Basu and owner Prayaag Akbar of 'The Sunday Guardian' newspaper for allegedly putting out the defamatory article in December 2010.