Supreme Court to hear Isha Foundation’s plea against ongoing defamatory content by Nakkheeran.

Case in News

Isha Foundation moves SC on defamation to stop Nakkheeran from allegedly publishing defamatory content against it .

Case Overview

Case Name – NAKKHEERAN PUBLICATIONS vs. GOOGLE LLC, T.P.(C) 

In a recent development, Isha Foundation moves SC on defamation grounds, seeking to restrain Tamil media outlet Nakkheeran Publications from allegedly publishing defamatory material . The plea was mentioned before a Supreme Court bench comprising Justice Surya Kant and Justice Joymala Bagchi, by Senior Advocate Mukul Rohatgi and has been listed for hearing on the upcoming Monday .

Isha Foundation had previously filed a Rs. 3 crore defamation suit in the Delhi High Court . In response, Nakkheeran Publications moved the Supreme Court seeking transfer of the case to Chennai which led to the present application by Isha within that transfer petition .

Key Aspects 

The present application focuses on restraining further publication of allegedly defamatory content during the pendency of the transfer plea . The Foundation argues that the other party cannot simultaneously seek jurisdictional relief and continue the offensive content campaign . The case touches upon both legal strategy and reputational harm .

• Isha alleges ongoing defamatory campaign by Nakkheeran .
  
• Original defamation suit filed in Delhi High Court in 2024 .
  
• Nakkheeran seeks case transfer to Chennai via SC petition .
  
• Isha seeks interim restraint on further publications .
  
• Relief aimed at preventing misuse of transfer plea .

Legal Insights

The legal battle engages multiple provisions relating to defamation, civil procedure, and constitutional rights . Here are the relevant laws involved :

• Sections 499 & 500 of the Indian Penal Code, 1860 (IPC) : Define and penalize defamation .
  
• Section 25 of the Code of Civil Procedure, 1908 (CPC) : Allows transfer of civil cases by the Supreme Court .
  
• Order XXXIX Rules 1 & 2 of CPC : Permit courts to grant temporary injunctions .
  
• Article 19(1)(a) of the Constitution of India : Guarantees the right to freedom of speech and expression .
  
• Article 19(2) : Permits reasonable restrictions, including for defamation, decency and public order .

Court’s Verdict

The Supreme Court has not yet passed any order in this matter . It acknowledged the application and posted it for hearing on Monday .

Source – Supreme Court of India 

Read also – Article 19 of the Constitution of India