Delhi Court temporarily gags media from uncorroborated reporting on Praful Patel land deal with Iqbal Mirchi

A Delhi Court has temporarily restrained media houses from publishing and telecasting any news, programs etc, which are not based on any “substantiated and corroborated information” with respect to a land deal between Nationalist Congress Party leader, Praful Patel and the wife of Dawood Ibrahim’s close aide, Iqbal Mirchi..The order, which was passed by Additional District Judge, Twinkle Wadhwa in a suit for permanent and mandatory injunction filed by Praful Patel against the media houses, shall remain in operation till the time the Investigating Agencies, CBI and ED, complete their investigation in a related money laundering case and file an appropriate report before the concerned Court if any, or till further orders..The suit was filed after certain publications stated that the Enforcement Directorate (ED) claimed that there were links between Patel and Dawood..Praful Patel’s family has been in the business of Tobacco and Real Estate under the name of CEEJAY Group since 1920s. It was Patel’s case that several media houses were publishing and broadcasting incorrect reports pertaining to a case under scanner by CBI and ED, for which he was called once as a witness..It was submitted that the incorrect and inflated reporting arose out of a Deed of Confirmation between CEEJAY Group’s Millenium Developers Pvt. Ltd. and wife of Iqbal Mirchi, Hazra Iqbal Memon in February 2007..The Court was further informed that pursuant to the incorrect reporting qua these documents, Patel himself conducted a Press Conference to tell the public that this was a genuine transaction between the parties..Appearing through Advocate Vijay Aggarwal, Patel argued that on the basis of conjectures and surmises, media houses excessively publicized the news giving an impression as if he was actually involved in the case being investigated..As per Patel’s objections, the news articles broadly alleged that he was involved in illegal activities with Iqbal Mirchi and had links with Dawood which are now being probed by the Agencies..It was submitted that these unsubstantiated reports and claims were being carried without any regard for truth in order to generate TRPs..Therefore, such acts of media houses amounted to blatant scandal-mongering and were per se defamatory..SARG Global Digital Pvt. Ltd. which owns Republic TV argued that the article was published in good faith and for the public good without pronouncing that Patel was guilty of any crime. It was submitted that the news was based on the facts which emanated from the 2007 deed..It was further added that it was trite law that the function, right and duty of the Media was to gather and convey information to the public and to comment on the administration of justice, including cases before, during and after trial without violating the presumption of innocence..HT Media House also raised concerns of Freedom of Speech which included right to freely express one’s opinion by writing and printing as well and argued that newspapers were permitted to fairly comment and critically analyse any information available in the interest of the public. It was further denied that their article portrayed a connection between Patel and Iqbal Mirchi..After hearing the parties, the Court opined that there ought to be a balance between the two competing rights of freedom of free speech and the right to live with dignity and respect..The Court observed that if it is proved that the information being published by media is false or incorrect or not based on substantiated facts or evidence, an order of restriction on freedom of expression of the press can be passed..Since, in the present case, the existence of a confirmation deed between Patel and Hazra Iqbal Memon was not in dispute, the Court stated that no media could be restrained from any publication based on this document..However, publishing information in the name of the investigating agency does not appear to be justified, the Court said as it pointed out two articles which published the following content:.“Probing Dawood aide Mirchi’s case, ED claims link to Praful Patel firm, NCP denied it” and “ED may attach all 15 floors of Praful Patel’s property”.The Court observed,.“In fact both the parties admitted before the Court that ED had summoned plaintiff only as a witness in another matter. Therefore, the imputations made by media that ED or any other investigating authority has allegedly claimed links of plaintiff with Dawood, has not been substantiated or corroborated despite specific clarifications sought by this Court. Further, the reply filed by two of the defendants is silent on the source of receipt of information qua the investigating agency..the publication that ED has claimed links between plaintiff and Dawood is an uncorroborated and unsubstantiated piece of information which does not appear to be based on true facts.”.The Court also noted that there was no official statement by ED or any documentary evidence on behalf of ED which was placed on record to substantiate such claims..The Court, therefore, concluded that Patel had made a prima facie case that there was publication of imputations, unsubstantiated and uncorroborated information against him which affected his reputation and an irreparable loss would be caused to him if the same is not stopped..It thus ordered,.“Hence, by way of this temporary injunction order, defendant nos. 1 to 7 i.e. Media houses, print or electronic or through internet and their associates, and through defendant no.8 Union of India and its various Ministries, departments, regulatory authorities set up by Union of India, are hereby restrained from publishing, republishing, repeating or telecasting or retelecasting any programs, interviews, opinions, reports or debates pertaining to the present land deal which are not based on any substantiated and corroborated information, till the time the Investigating Agencies complete their investigation and file appropriate report before the concerned Court, if any, or till further orders, whichever is earlier.”.The Court also ordered that any publication, telecast or internet-based information on any such unsubstantiated and uncorroborated information shall be withdrawn..It is nonetheless clarified that media was free to report about the Confirmation Deed or about any Court proceedings or any substantiated fact-based information or about the final report of the Investigating Agency as and when filed if any..Read the Order: