Delhi-based commentator Abhijit-Iyer Mitra on Wednesday undertook before the Delhi High Court to delete allegedly sexually abusive social media posts against women journalists of digital news platform Newslaundry within five hours, Bar and Bench reported.
Justice Purushaindra Kumar Kaurav warned that he would order the registration of an FIR against Abhijit if he failed to remove the posts. The Court opined that the choice of words used was “impermissible in a civilised society.”
“While going through the nature of the language used by the defendant, the court was the prima facie opinion that it is not permissible in any civilised society and was about to pass interim order. However, Mr Jai Anant Dehadrai appears for the defendants and he contends that he has points to raise; he, however, concedes choice of words could have been avoided. He says, without prejudice to his contention, the defendant will take down the abusive posts in 5 hours. It is taken on record and he shall act accordingly,” Bar and Bench quoted the court as saying.
“What you want? These kind of language, whatever maybe the background, you may justify the background, but can these kind of language against the woman in civilised society? Please immediately take it down. We will not hear you unless you take down these. The choice of the words is impermissible in civilized society, and person who chooses this kind of language should not be heard unless he takes down. You take down today, then we’ll hear you. We may direct for registration of FIR, suo moto if eventually you fail to satisfy us,” Justice Kaurav said to Mitra’s lawyer, Jai Anant Dehadrai.
The court slammed Dehadrai, saying, “How can you defend this? Can you use this kind of language against women in a civilised society? We will not hear you unless you take down these posts. A person who uses such language should not be heard unless you take down the posts.”
Dehadrai said the posts were not were not attributable to any person, adding, "They are not a news organisation. I am a geopolitical expert. I have also put out tweets on their questionable sources of income."
“Whatever questionable income is, it is not under challenge. What we can look into is something that is under challenge. Going by any principle of law, such language in a public platform. Does he understand the definition of brothel? Can someone taking funds from questionable sources be called a brothel? You may have multiple questions, choice of words are impermissible,” the court told the lawyer.
Dehadrai argued that permitting the plaintiffs to pursue a civil claim would effectively silence his client.
“In that case, we as a constitutional court will suo motu direct registration of a criminal FIR against defendant. Don't try to be oversmart! You are trying to be oversmart with the Court! For each observation, the Court is about to make you interject repeatedly,” the court warned him after his persistence. Dhehadrai then apologised to the HC.
The journalists filed a defamation suit in the Delhi High Court against Abhijit, alleging that he made sexually abusive remarks about them through posts on social media.
The suit, filed on May 14, seeks a permanent injunction and over ₹2 crore in damages for publishing "defamatory, false, malicious, and unsubstantiated allegations" on X.
In their plea, the journalists said they are young women media professionals and that Abhijit's posts not only targeted their reputation and dignity, but caused them “enormous mental trauma, harassment and embarrassment to them, amongst peers, friends and family”.
“The statements made by the Defendant No. 1 are per se defamatory. The content of the Defendant No. 1 is also a criminal offence, and is liable to be removed from all media, including social media websites, and is an affront to free speech,” the suit mentioned.
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