Can NCLT order de-registration of email ID? Delhi High Court to decide

The Delhi High Court on Thursday sought a response from the National Company Law Tribunal (NCLT) to a plea filed by an Army veteran challenging the Tribunal’s order to de-register his email ID. [Colonel Ashish Khanna v. NCLT]

Justice Neena Bansal Krishna issued notice to all the respondents including Google and listed the plea for hearing on December 21.

During the hearing, Advocate Adwait Singh Sirohi, who appeared for Khanna, told the Court that his client has not been able to draw his pension because of the order.

The Court, however, opined that any order can be passed in the case only after hearing the parties. 

The order in question was passed by the NCLT in the Delhi Gymkhana Club case on September 10 this year. Delhi Gymkhana Club was taken over by the Central government with the sanction of the NCLT in 2022. Col Khanna, who was a former Secretary/CEO of the Club, had addressed emails to the Registry of the Tribunal on various occasions. In these, he pointed out certain alleged infirmities in the conduct of the affairs of the Club and the proceedings before the Tribunal. 

In its order, the NCLT said,

“These emails are incoherent, abusive, convoluted and depraved. It reveals Mr. Ashish Khanna’s mental imbalance and his confused state of mind. He is accusing almost everyone coming in his path.”

The NCLT noted that Khanna’s emails were affecting the work of the Registry, leading to genuine litigants  suffering because of one ‘belligerent litigant.’

“On perusal of content of these emails, previous orders passed by this Tribunal, closely analysing the conduct and behaviour of Mr. Ashish Khanna during Court proceedings, it seems that he is a perpetual litigant who goes down to any depth of depravity, who finds pleasure in litigation, who enjoys humiliating the members of the bar, Hon’ble Members of the Tribunal and who draws malicious satisfaction in attacking and belittling the decorum of the Courtroom. His tactics are threatening and intimidatory,” the NCLT said. 

It thus ordered Union Ministry of Electronics and Information Technology (MEITY) to take strict action against him and de-register his email id. The order further directed MEITY to prevent him from registering a fresh email ID by blocking his IP addresses and device details. 

In his plea, Khanna has questioned the jurisdiction of NCLT to ban a person’s digital Identity or track his IP addresses and devices. His plea said

“Order banning petitioner’s digital identity, throttles his ability to communicate, violating his right to free speech and to work in new job.”

The plea also alleged that the NCLT could not have commented on him or his mental state and such unwarranted comments would drive any person to suicide. According to the plea,

“Biased actions of Respondents violate rights enshrined under Article 14, 19 and 21of the Constitution. NCLT without jurisdiction got 20 year-old email id paid removed. It violates Fundamental rights, asFamily, Army, AADHAR, Banks, jobs related and even CP Police, EOW replies on crimes endangering him, witnesses and the Hon’ble PM are in Emails. Hence the present Writ petition is filed.”