The Delhi High Court recently held Sameet Thakkar guilty of contempt of court and imposed a fine of ₹1 lakh on him for violating an order to not post defamatory tweets against TV Today Network [TV Today Network Limited v Sameet Thakkar & Anr]..Justice Rekha Palli observed that Thakkar was utterly defiant of the orders passed by the Court and should, therefore, be dealt with a heavy hand.The Court said that it cannot accept Thakkar’s apology, which did not explain why he posted the tweets despite orders prohibiting him from doing so.“I am of the view that in a case like the present, where a party knowingly has acted in violation of the directions issued by this Court, it would be against the interest of justice to simply accept his oral apology and that too without any explanation whatsoever for having made the said tweets despite restraint orders passed on 06.05.2020 and 08.05.2020. The conduct of the defendant no.1 [Thakkar] shows that he has been utterly defiant of the orders passed by this Court and, therefore, should be dealt with a heavy hand,” the Court said..The High Court had in May 2020 passed orders restraining Thakkar from publishing derogatory or defamatory tweets against TV Today, which runs news channels like Aaj Tak and India Today.This, after Thakkar was sued by TV Today for publishing several tweets using derogatory or defamatory language against the channel, its management, employees and anchors.TV Today later filed an application stating that Thakkar was disobeying court orders..Advocate Raghav Awasthi appeared for Thakkar and said that he is ready to tender an unconditional apology. He further said that the tweets have been removed.However, the Court concluded that Thakkar was guilty of contempt.While TV Today’s counsel demanded civil imprisonment for Thakkar, Justice Palli said that the “interest of justice will be met by imposing a suitable fine."“Taking into account the totality of circumstances, while holding the defendant no.1 guilty of having committed contempt of Court, he is directed to pay a fine of ₹1 lakh," the Court ordered. The Court also directed that the amount be paid to the Delhi High Court Bar Clerk's Association..Justice Palli further rejected Thakkar’s application to revoke the order restraining him from tweeting against TV Today and made those orders absolute. The orders will continue to bind the parties during the pendency of the suit.Meanwhile, Awasthi also told the Court that Thakker is not ready to amicably resolve the matter and is not agreeable to file any undertaking that he will not publish any defamatory tweets against the plaintiff (TV Today) or its management in the future.He, therefore, asked that the suit be proceeded with on merits.The Court was not happy with the submission and said that prima facie, it is a case where costs should be imposed on Thakkar.The Court then gave Awasthi time to obtain instructions and make submissions.It will consider the case next on April 1, 2024..Notably, in 2020, Thakkar had spent several days in jail after he was arrested for allegedly making defamatory and derogatory statements against then Maharashtra Chief Minister Uddhav Thackeray and Cabinet Minister Aditya Thackeray.Thakkar was accused of having committed offences under Sections 500, 501 (defamation), 504 and 505 (provoking breach of peace) of the Indian Penal Code (IPC)..TV Today was represented through Advocates Hrishikesh Baruah, Kumar Kshitij, Anurag Mishra and Saumitra Srivastava..[Read Order]
The Delhi High Court recently held Sameet Thakkar guilty of contempt of court and imposed a fine of ₹1 lakh on him for violating an order to not post defamatory tweets against TV Today Network [TV Today Network Limited v Sameet Thakkar & Anr]..Justice Rekha Palli observed that Thakkar was utterly defiant of the orders passed by the Court and should, therefore, be dealt with a heavy hand.The Court said that it cannot accept Thakkar’s apology, which did not explain why he posted the tweets despite orders prohibiting him from doing so.“I am of the view that in a case like the present, where a party knowingly has acted in violation of the directions issued by this Court, it would be against the interest of justice to simply accept his oral apology and that too without any explanation whatsoever for having made the said tweets despite restraint orders passed on 06.05.2020 and 08.05.2020. The conduct of the defendant no.1 [Thakkar] shows that he has been utterly defiant of the orders passed by this Court and, therefore, should be dealt with a heavy hand,” the Court said..The High Court had in May 2020 passed orders restraining Thakkar from publishing derogatory or defamatory tweets against TV Today, which runs news channels like Aaj Tak and India Today.This, after Thakkar was sued by TV Today for publishing several tweets using derogatory or defamatory language against the channel, its management, employees and anchors.TV Today later filed an application stating that Thakkar was disobeying court orders..Advocate Raghav Awasthi appeared for Thakkar and said that he is ready to tender an unconditional apology. He further said that the tweets have been removed.However, the Court concluded that Thakkar was guilty of contempt.While TV Today’s counsel demanded civil imprisonment for Thakkar, Justice Palli said that the “interest of justice will be met by imposing a suitable fine."“Taking into account the totality of circumstances, while holding the defendant no.1 guilty of having committed contempt of Court, he is directed to pay a fine of ₹1 lakh," the Court ordered. The Court also directed that the amount be paid to the Delhi High Court Bar Clerk's Association..Justice Palli further rejected Thakkar’s application to revoke the order restraining him from tweeting against TV Today and made those orders absolute. The orders will continue to bind the parties during the pendency of the suit.Meanwhile, Awasthi also told the Court that Thakker is not ready to amicably resolve the matter and is not agreeable to file any undertaking that he will not publish any defamatory tweets against the plaintiff (TV Today) or its management in the future.He, therefore, asked that the suit be proceeded with on merits.The Court was not happy with the submission and said that prima facie, it is a case where costs should be imposed on Thakkar.The Court then gave Awasthi time to obtain instructions and make submissions.It will consider the case next on April 1, 2024..Notably, in 2020, Thakkar had spent several days in jail after he was arrested for allegedly making defamatory and derogatory statements against then Maharashtra Chief Minister Uddhav Thackeray and Cabinet Minister Aditya Thackeray.Thakkar was accused of having committed offences under Sections 500, 501 (defamation), 504 and 505 (provoking breach of peace) of the Indian Penal Code (IPC)..TV Today was represented through Advocates Hrishikesh Baruah, Kumar Kshitij, Anurag Mishra and Saumitra Srivastava..[Read Order]