SHILPA SHETTY KUNDRA Vs. CLAPPING HANDS PVT.LTD.

JUDGEMENT

(1.) This is an ad-interim application for urgent injunctive relief in an action for damages and injunctions in defamation. The Plaintiff, 30th July 2021 Ms Shilpa Shetty, is a well-known actor. She has had a long career in media, film, fashion and, for some time, in the Indian Premier League of T20 cricket. She is married to Mr Raj Kundra, a businessman with varied enterprises and ventures. Recently, Mr Kundra stands accused in certain criminal proceedings. Those criminal cases or proceedings are of no concern to me today, except to the limited extent that, as Mr Kundra's spouse, those allegations and accusations are, or so Ms Shetty says, sought to be applied in a defamatory manner to her.

(2.) Dr Saraf and Dr Chandrachud who appear for Ms Shetty make it abundantly clear that it is not their application that there should be pre-censorship or a gagging of the media. What they do point out is that there are at least some commentaries that have appeared recently in various publications, attributable to different source, that are per se defamatory. These cannot be said to be protected as fair reportage. In one or two instances, they also submit that these comments are a legally impermissible transgression of Ms Shetty's constitutionally protected right to privacy.

(3.) Ms Shetty's plaint complains of several commentaries that appeared after Mr Kundra's recent troubles began. She says these are all defamatory. These commentaries are in print or in video. They are attributed to different parties.