Delhi High Court Orders ‘The Wire’ to Remove Article on Chief Secretary Naresh Kumar, Citing Defamation Concerns

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The Delhi High Court has ordered the news portal ‘The Wire’ to take down an article implicating Delhi Chief Secretary Naresh Kumar in an alleged land acquisition case. The article, titled

“Links of Son of Delhi Chief Secretary to Beneficiary’s Family in Land Over-Valuation Case Raise Questions,”

suggested a connection between Kumar’s son and a family that benefited from increased compensation in a land acquisition for the Dwarka Expressway project. Justice Sachin Datta granted an ad-interim injunction in favor of Kumar, following a defamation suit filed against ‘The Wire’ and reporter Meetu Jain.

The court directed ‘The Wire’ to remove the article and related tweets or posts, and to refrain from publishing any similar defamatory content against Kumar. Justice Datta emphasized the sanctity of freedom of speech and expression but noted that it should not come at the cost of an individual’s reputation, especially when the allegations are unsubstantiated and defamatory.

The suit stemmed from a legal notice sent by Kumar to ‘The Wire’ on November 13, alleging that the article’s contents were misleading and defamatory. It portrayed an obscure linkage of Kumar’s son in an issue related to the enhanced valuation of a plot of land in Bamnoli Village, acquired for the National Highways Authority of India for the Dwarka Expressway road project.

Senior Advocate Maninder Singh, representing Kumar, argued that the article was pre-planned to activate people against him. In contrast, Advocate Sarin Naved, representing ‘The Wire’, contended that the article’s intention was not to defame Kumar but merely to raise questions.

The court observed that the nexus drawn between the beneficiary of the arbitral award and Kumar’s son was far-fetched. Justice Datta concluded that the article contained defamatory, libelous allegations and insinuations made recklessly, without regard for the truth, to cause injury to Kumar’s reputation.

This ruling comes in the backdrop of a preliminary report by Delhi Vigilance Minister Atishi, recommending the immediate removal of Kumar and another senior bureaucrat, Ashwani Kumar. The report was forwarded by Chief Minister Arvind Kejriwal to Lieutenant Governor VK Saxena, who refused to accept it, stating it was based on preconceived assumptions and presumptions.

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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