SC tells Isha Foundation to seek Deli HC relief against magazine's defamatory reports
The court also directed Nakkheeran to raise its contentions, including the issue of maintainability, in the Delhi High Court.
A bench comprising Justice Surya Kant and Justice Joymalya Bagchi disposed of the transfer petition filed by Nakkheeran Publications as well as the interlocutory application filed by Isha Foundation in the matter.
Nakkheeran Publications had filed a petition in the Supreme Court to transfer the Rs. 3 crore defamation suit against it in the Delhi High Court to Chennai High Court.
Senior Advocate Mukul Rohatgi, appearing for Isha Foundation, argued that despite a defamation suit pending before the Delhi High Court, Nakkheeran continued publishing defamatory material, including allegations of organ trade against the Foundation.
Isha Foundation opposed the transfer of the case to Chennai, stating that such grounds were impermissible.
On the other hand, Senior Advocate R Balasubramaniam, representing Nakkheeran, submitted that Isha Foundation secured listing of its application without notice to the respondent and was seeking the same relief that had already been denied by the Delhi High Court.
He argued that the question of jurisdiction should be decided first. 'For the last 8 months, they have been happy because there is no injunction granted to them. But in my petition, they are seeking the same relief which was denied by High Court… the next date is in August,' he submitted.
Justice Kant observed that grounds such as lack of jurisdiction may not justify transfer of the suit.
He suggested that Nakkheeran raise these issues before the Delhi High Court through an application under Order 7 Rule 11 CPC.
Accepting the bench's suggestion, Balasubramaniam withdrew the transfer petition, resulting in the disposal of Isha Foundation's interlocutory application as well.
Last year, Isha Foundation filed a Rs. 3 crore defamation suit against Nakkheeran Publications in the Delhi High Court, alleging that its publications tarnished the Foundation's reputation.
In response, Nakkheeran Publications filed a transfer petition before the Supreme Court seeking to shift the defamation case to Chennai.
During the hearing, Rohatgi highlighted that Nakkheeran continued its 'vilification campaign' on social media despite the pending suit, adding, 'We are a charitable organisation with disciples all across the world… today, on social media, he's going on and on…'
The Supreme Court, however, clarified that the Delhi High Court should decide the pending applications of both parties expeditiously. UNI SNG SSP
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