Today, the Delhi High Court decided to send the defamation lawsuit brought by former cricketer and BJP MP Gautam Gambhir against the Hindi daily newspaper Punjab Kesari and its journalists to mediation.
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NEW DELHI: In the Delhi High Court Today (26 Feb 2024), the defamation lawsuit initiated by Gautam Gambhir, the former Indian cricketer turned Bharatiya Janata Party (BJP) Member of Parliament, against the Hindi daily newspaper Punjab Kesari, has taken a turn towards mediation. This move comes as a pivotal moment in the case, highlighting the potential for an amicable resolution between the involved parties.
Gautam Gambhir, known for his forthright and spirited demeanor both on and off the cricket field, filed this defamation suit with a clear objective: to seek a restraint against the newspaper and its reporters from publishing what he alleges to be defamatory content against him. The case, presided over by Justice Dinesh Kumar Sharma, saw a significant development when Advocate Jai Anant Dehadrai, representing Gambhir, proposed that the matter could likely be resolved amicably.
Acknowledging this possibility, Justice Sharma decided to refer the case to mediation, stating,
“The counsel for the plaintiff submits that the matter is likely to be amicably settled and be referred to mediation for recording the terms and conditions of the settlement. The matter is referred to mediation.”
This legal maneuver came to light during a session where a fresh application was submitted on behalf of Gambhir, seeking the withdrawal of the suit due to the prospects of an amicable settlement. The court has now scheduled the mediation for February 29, with a subsequent hearing set for March 12.
The origins of this legal battle trace back to a series of articles published by Punjab Kesari since 2022, which Gambhir contends were maliciously fabricated to tarnish his reputation. Among the contentious articles were titles that insinuated Gambhir’s absence and negligence as a parliamentarian, with phrases that loosely translate to-
“MP Gautam Gambhir Missing, Posters Found in Every Street,”
“Delhi’s missing MP becomes a bane for Lucknow Super Giants,”
and
“These are the new moods of the MP, better to meet from a distance.”
In response to these publications, Gambhir sought not only a restraint on such allegedly defamatory content but also demanded an unconditional written apology from the newspaper, alongside damages amounting to Rs 2 crores. Despite issuing a legal notice to Punjab Kesari on November 23, 2022, Gambhir’s team reported that no satisfactory response was received, prompting the move to legal action.
Previously, a coordinate bench of the court had refrained from issuing an interim injunction in favor of Gambhir. However, it did acknowledge the presence of a seemingly “willful campaign” by Punjab Kesari aimed at discrediting Gambhir’s reputation among his constituents, supporters, and the general public.
The bench remarked,
“Upon a bare reading of the impugned news articles, this Court is of the prima facie opinion that many of these articles are indicative of willful campaign launched by the defendants to lower the reputation of standing of the plaintiff in the eyes of his constituents, supporters and the public at large. In the opinion of this Court, this does not befit a newspaper of the repute and stature of the defendants to indulge in such a conduct.”
As the case moves towards mediation, it opens a pathway for both parties to potentially find common ground and resolve the dispute without further escalating the legal battle. This development not only underscores the importance of seeking resolution through dialogue but also highlights the judiciary’s role in facilitating such processes. The outcome of the mediation could set a precedent for how defamation suits, especially those involving public figures and media houses, are approached and resolved in the future.
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