904-NMS-1220-15-F4.DOC
Valley Project. The relevant statement is set out in paragraph 5 of
the report. The Court accepted the argument that unlike English
law on the subject, where a mere plea of justification would be
sufficient to dislodge the interim application, in India, the
defendants must also produce sufficient material supporting their
contentions and the Court is certainly entitled to scrutinize these.
Should substance be found in this material then the plea of
justification in defence is proper. Much case law was cited in this
regard before the Court, which held that the article complained of
may be justified in the public interest if it be shown that the
defendants had taken every reasonable precaution of ascertaining
the truth. The defendants must therefore show on material
available that a reasonable person could come to the conclusion that
the comments made and complained of were not mala fide. I am not
here concerned of course with the tone of the comments but only
with an examination of whether the comments made by the
Defendants before me today can be said to be defematory as Dr.
Tulzapurkar insists they are.
15.
Ms. Dalal and Mr. Basu appeared in person. They have each
presented their written submissions. I have taken these on record
and permitted them to read them in Court. They contain much that
is, perhaps understandably, generalized and not strictly speaking in
the nature of legal submissions. I will refer to only such portions as
are necessary for our purposes.
16.
The single most important factor that strikes me in this
particular case, quite apart from the technical aspects of it, is the
enormous time gap between the receipt of the anonymous letter in
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