New Delhi: The Delhi supreme court today questioned activist Saket Gokhale for posting allegedly defamatory tweets against former Assistant Secretary-General at the United Nations Lakshmi Puri, without verifying the facts from her or approaching any government authority.
Saket Gokhale, in his tweets on June 13 and 26 made regard to a particular property purchased by Lakshmi Puri in Switzerland and also mentioned her husband Union Minister Hardeep Singh Puri.
Observing that the proper to reputation is recognised as a fundamental right, the supreme court asked Mr Gokhale, Also a contract journalist, on how he can vilify people, particularly when the tweets put out by him were clear incorrect.
The court was hearing a defamation suit filed by Lakshmi Murdeshwar Puri seeking ₹ 5 crore in damages from Saket Gokhale and also a direction against him to require down or delete the tweets, where false and factually incorrect, Defamatory, slanderous and libellous statements/imputations are made by him against her and her family.
“Show me before you set out tweets, you sought to clarify these facts from the plaintiff,” Justice C Hari Shankar asked Saket Gokhale’s counsel who responded in negative while adding that there was no such requirement under the law which he had tagged the minister of finance in one among the tweets.
“So consistent with your understanding of the law, any Tom, Dick and Harry can write anything against anyone on the web regardless of the very fact that it destroys and damages the reputation of an individual ,” the judge said and Reserved its order on the suit for July 13.
“You tell me what exercise you’ve got administered with public authorities before putting out the tweets on social Media,” the judge asked.
The court said before putting out anything publicly , one has got to exercise due diligence and asked whether Saket Gokhale was able to take down the tweets.
During the arguments, senior advocate Maninder Singh, representing Ms Puri, contended that the tweets were Defamatory, malicious and supported false information which Mr Gokhale was nobody to place inquiries to her.
“It may be a case of ex-facie intrinsically defamation. If i’ll use a Hindi phrase, ‘Ulta chor kotwal ko dante’. once I sent Him a legal notice, he said he was being harassed,” the counsel argued.
He said Lakshmi Puri doesn’t hold any position for these details to be put publicly domain and if he was putting her Name publicly , he should have the minimum civility to ask her before he publishes this which was deliberately ignored.
“I have made out a clear case and therefore the balance of convenience is in my favour. there’s conclusive evidence of defamation and harassment having taken place. people that have served the country with utmost integrity are being Accused by people that are nothing. These materials which destroy the honour and integrity of an individual shall not Be allowed to remain ,” Mr Singh argued Sarim Naved said as a citizen, Saket Gokhale has the proper to travel into the Assets of public functionaries.
He also said Ms Puri’s husband may be a Union Minister which assets of such persons along side spouse should be Within the property right but during this case, the cash received from their daughter isn’t within the property right .