[Breaking] Delhi HC sets aside stay on publication of book on Asaram Bapu conviction

The Delhi High Court today set aside the ex parte interim injunction order restraining the publication of a book on Asaram Bapu titled ‘Gunning for the Godman: The True Story Behind Asaram Bapu’s Conviction’ (HarperCollins v. Sanchita)..The order was pronounced by a Single Judge Bench of Justice Najmi Waziri in HarperCollins' appeal against the injunction order passed by a district court in a suit preferred by co-convict in the Asaram Bapu rape case, Sanchita..The Court directed that the already printed copies of the book be sold along with a flyer clarifying that the book is based on the judgment of a trial court, which is under appeal. .For online sale, the disclaimer should be given electronically, the Court added. .Seeking a vacation of the stay order, HarperCollins had contended that pre-publication censorship ought to be done very cautiously and that there was no occasion for the same in the present case. .HarperCollins informed the Court that the allegedly defamatory content was based entirely on the trial record and judgment. .Delhi HC reserves order in HarperCollins appeal against stay on publication of book on Asaram Bapu conviction.It was added that the co-accused, Sanchita malafidely waited until the eve of the publication to seek a stay when the public announcement with respect to the book launch was done in July..Sanchita, on the other hand, argued that her right to reputation and fair trial ought to be balanced with the right under Article 19(1)(a) of the Constitution.. Stating that the appeal against the conviction was still pending, it was claimed that there was a continuation of trial and irreparable injury would be caused if the publication of the book was allowed..To arrive at its decision, the Court noted that in spite of the wide publication given to the launch of the book, the Respondent, Sanchita approached the district court on the penultimate day. .If the appellants had even a day's notice, they surely would have been able to present their case before the learned Trial Court, which did not have the benefit of the relevant information (judgement), the preceding discussions and the disclaimer in the Book.the Court observed. .It further recorded that Sanchita herself participated extensively in various interviews, including the electronic media..In these circumstances, the Court held that no case was made out and there was no justification for grant of the ex parte injunction on the eve of the launch of the Book. .The Court further stated that every individual has a right to protect one's reputation and added, .If there is fair discussion, which is based on established facts and which ex facie is not malicious, there can be no bar on the discussion/publication..The book, ‘Gunning for the Godman: The True Story Behind Asaram Bapu’s Conviction’, is authored by Ajay Lamba, Additional Commissioner of Police, Jaipur and Sanjiv Mathur, and was scheduled to be released on September 5, 2020..Delhi Court stays publication of a book on Asaram Bapu by HarperCollins .The Court of Additional District Judge had stayed the publication of the book on the ground that the appeal against the conviction in the rape case was sub-judice before the Rajasthan High Court..HarperCollins was represented by Senior Advocate Kapil Sibal with Advocates Swathi Sukumar, Ashima Obhan, Naveen Nagarjuna, Akanksha Dua, Adit Subramaniam Pujari, Essenese Obhan, Raghav Tankha. .Senior Advocate Devadutt Kamat with Advocates Naman Joshi, Karan Khanuja appeared for Sanchita..Read the Judgement: