DHYANAPETA CHARITABLE TRUST Vs. NAKKHEERAN PUBLICATIONS

JUDGEMENT

(1.) COMPENDIOUSLY and concisely the relevant facts absolutely necessary and germane for the disposal of these applications would run thus:(a) The plaintiff filed the suit seeking the following relief:"to grant permanent injunction, restraining the defendants, their men, agents, servants, representatives or anybody acting on their behalf in any manner publishing any material, articles, photographs, in their magazines, websites whatsoever either by direct or indirect reference against the plaintiff or any of their trustees and devotees, personally or individually or in the capacity of a trustee or such trustees."(b) The same plaintiff filed the following application with the following prayer:O.A.No.385 of 2010: to grant ad -interim injunction restraining the defendants, their men, agents, servants, representatives, anybody acting on their behalf in any manner publishing defamatory material, articles, photographs, in their magazines, websites whatsoever either by direct or indirect reference against the plaintiff or any of their Trustees and devotees, personally or individually or in the capacity of a Trustee or such Trustees."(c) Whereupon the defendant filed the following application with the following prayer:A.No.2027 of 2010: to pass an order rejecting the plaint in C.S.No.346 of 2010 on the file of this Honourable Court."

(2.) COUNTERS have been filed.

(3.) TOUR d'horizon of the learned counsel for the plaintiff would run thus:(i) The plaintiff Trust is doing service to the community at large there are lot of devotees all over the world for it in addition to huge number of inmates being in the Ashram run by the trust. While so, based on certain morphed video clippings, the media started indulging in vilification campaign as against the Trust and the then Managing Trustee as though he was indulging in sexual activities etc., with one cine actress.(ii) The plaintiff is not indulging in any such nefarious or licentious activities, but some persons are bent upon defaming and disparaging the reputation of the plaintiff Trust, its Trustees its inmates in the Ashram and its devotees. (iii) The plaintiff Trust has more than 40 lakh devotees all over the world and if the defendants are allowed to make publications through its Magazine and website defaming the said Trust and the Trustees, then certainly the welfare of those people would be affected. (iv) The Trustees as well as the plaintiff Trust are having a right not to be defamed or disparaged in the eye of the public.(v) Even before any concrete finding is given by the Court that the plaintiff Trust and its Trustees are indulging in illegalities and criminal activities, the defendants are not justified in projecting before the public as though the plaintiff Trust and its Trustees are indulging in such activities.(vi) Citing various decisions in support of the plaintiff's case, the learned counsel for the plaintiff prayed for granting injunctions as prayed for.