HC lifts gag order on Caravan article on Arindam Chaudhuri of IIPM

NEW DELHI: The Delhi High Court has lifted the restrain order against an article published in a magazine in 2011 on Indian Institute of Planning and Management (IIPM) director Arindam Chaudhuri.

After publication of the article, IIPM had filed a defamation case against the magazine, Caravan, and some of its staff for an article on Chaudhuri.

A civil court in Silchar, Assam had granted Chaudhuri a preliminary injunction and directed the magazine to remove the article from its website.

A transfer petition was filed by Caravan in the Supreme Court praying that the case be shifted from Assam to the Delhi High Court, following which the matter was transferred and heard by Justice Manmohan.

While the IIPM had alleged that derogatory comments were made against its head with an intent to create a negative image in the general public, the magazine had refuted their claims.

Taking note of this, Justice Manmohan, in an interim order, concluded that "if the article in question is read as a whole, it is prima facie found that the impugned portions are either based on the statements made by several persons or on facts available in public domain and/or are the author's personal opinions and conclusions based on extensive research and report."

The court vacated the injunction order of April 12, 2011 while holding that it is of the prima facie view that, "the defendants (magazine and its staff) have highlighted the evidence which is relevant and material on a matter of substantial importance and there is no material at this stage to conclude that the stories have been published by the defendants with reckless disregard for truth or precipitated by actual malice or that the defence of justification/ truthfulness/fair comment is one that cannot succeed."