6.
I have enquired from the senior counsel for the applicant IJU, the name of
the journalist who wants to write or who has written or whose rights are being agitated.
7.
Not a single name has been cited inspite of repeated asking.
8.
Once the defendant no.1 Herdsceneand from whose handle on Instagram
the story emanated has made the statement aforesaid and expressed regret for the
same, the members of the applicant IJU cannot claim any right to interfere in the
compromise arrived at between the plaintiff and the defendant no.1 Herdsceneand.
If any member of the IJU, notwithstanding the aforesaid, claims right to publish or
continue publishing the story attributed to defendant no.1 Herdsceneand, he / she
cannot do so without making himself / herself liable for any action therefor, by
disclosing identity and removing the cloak of IJU, wearing which such statements
are being made.
Moreover, the applicant IJU is not even a party to the present
suit and has merely applied for impleadment / intervention and which application
is pending. No person has come forward to claim any right qua the story which
emanated from the handle of defendant no.1 Herdsceneand and which the
defendant no.1 Herdsceneand itself has withdrawn. Moreover, if the right of any
person or journalist is affected, it is for such journalist to take independent
remedies therefor and cannot convert this lis into a public interest litigation.
9.
The senior counsel for IJU next contends that the action has been instituted
as a John Doe / Ashok Kumar and thus the applicant IJU has a right to participate.
10.
On enquiry, who is the John Doe / Ashok Kumar, it is stated that it is for
the plaintiff to implead and the applicant IJU is only objecting to the compromise.
11.
Though the plaintiff, while instituting suit against the six defendants, had
kept the option open to seek the same relief against others, if any cause of action
were to accrue against them, but the suit is being compromised with defendant
no.1 Herdsceneand, before exercising such option and the applicant IJU, on said
CS(OS) 483/2019
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