justification for creation of an aura of suspicion
against the petitioner in relation to the murder of the
Swami Yogananda rightly contended on behalf of the
petitioner.
141…In this context, thus the contention of the
petitioner seeking to contend that there were
deliberate insinuations against him made by the author
that he was not willing to get the post mortem
conducted on the body of Rajeev Dixit to cover up a
foul play, prima facie cannot be accepted.‖
29.
It was held that the fact that Plaintiff No. 1 is a public figure could not
ipso facto constitute a license to defame him. Insofar as the interlocutory
injunction is concerned, the Court in paragraphs 180 concludes as under:
“180. Thus as the petitioner about whom the BOOK
is written about is living human being and thus entitled
to be treated with dignity and has a right of social
reputation as an ordinary citizen even if he be a public
figure, and as reputation as a cherished value and an
element of personal security, portions of the BOOK
which make readers think that he is an ambitious
villain, until so proved in the Court of Law are
necessarily to be restrained form being published and
distributed for sale till disposal of the suit bearing no.
619/2017 pending before the learned ACJ-CCJARC(E), Karkardooma Courts, Delhi. This is so as the
right to reputation of a living individual under Article
21 of the Constitution of India cannot be sacrificed and
crucified at the altar of the right to freedom of speech
and expression of another and both have to be
harmonized and balanced in as much as no amount of
damages can redeem the damage to reputation of any
person and merely because there have been previous
publications on the same issue, the same does not
permit any repetitions of prima facie defamatory
insinuations against him.
CS (OS) 27/2019
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