POPULAR FRONT OF INDIA Vs. TIMES NOW

JUDGEMENT

(1.) The plaintiff has instituted this suit against (i) Times Now; (ii) Rahul Shivshankar; (iii) Nikunj Garg; and, (iv) Anand Narasimhan, for (a) recovery of damages amounting to Rs.2,01,00,000 with interest at 12% per annum w.e.f. 30th November, 2018 till recovery of the amount; and, (b) permanent injunction restraining the defendants from "televising any such baseless report against the Plaintiff in future in any manner whatsoever".

(2.) It is inter alia the case of the plaintiff, (i) that the plaintiff, a Society registered under the Societies Registration Act, 1860, has suffered the damages claimed, on account of telecast, on 31st August, 2017 on the television channel of the defendants, of a debate programme wherein it was reported that the Ministry of Home Affairs had sought details about the plaintiff from the anti-terror agency National Investigative Agency (NIA) and that the NIA dossier with details of cases about the plaintiff had been sent to Ministry of Home Affairs and confidential report in which regard had been accessed by the defendants; (ii) that the plaintiff had suffered the damages claimed, also by telecast, on 27th September, 2017 on the television channel of the defendants, of another debate where it was reported that the plaintiff organisation was about to be banned; (iii) that the plaintiff approached the police to lodge First Information Report (FIR) against the defendants but no FIR was registered; (iv) that the plaintiff thereafter filed W.P. (Crl.) No.2245/2018 but on the Commissioner of Police taking a stand in the Court that there had been no breach of any financial secret of the Government of India, the plaintiff withdrew the said writ petition; (v) that from the stand of the Police before the Writ Court that there had been no breach of any secret of the Government of India, it is clear that the report of the defendants was false; (vi) that the plaintiff thereafter got legal notice dated 30th November, 2018 issued to the defendants, calling upon the defendants to telecast an apology to the plaintiff; and, (vii) that no apology was tendered. The cause of action paragraph 14 of the plaint is as under:-

(3.) The counsel for the plaintiff, on enquiry states that damages are claimed on account of the action of the defendants lowering the reputation of the plaintiff.