Justice Vikas Mahajan also directed X (formerly Twitter) to take down over a dozen tweets that were deemed harmful to Mohamed’s reputation.
NEW DELHI: The Delhi High Court has ordered News18 to remove a YouTube video of a news debate in which BJP spokesperson Sanju Verma used derogatory remarks towards Congress spokesperson Dr. Shama Mohamed.
Justice Vikas Mahajan also directed X (formerly Twitter) to take down over a dozen tweets that were deemed harmful to Mohamed’s reputation.
During the debate, Verma made offensive comments, referring to Mohamed as ‘Bewakoof Aurat’ and making statements such as, ‘Shama Mohamad is as shameless as they come,’ ‘she is not even a doctor,’ and ‘you are not a doctor; you are a Madrassa Bred Bigot.’
The Court noted that these comments appear to be defamatory, demeaning, and likely to damage Mohamed’s image, considering her role as a national spokesperson for Congress and her profession as a dentist. The Court criticized Verma for making such reckless remarks.
The Court highlighted that comments like ‘Madrasa breed bigot is the correct technical term for an Islamist who wants to spread caste poison in Hindus using lies,’ and ‘Madrasa-Chaap Bigot Shama,’ reflect a careless disregard for basic decorum expected from public debate panelists.
Justice Mahajan emphasized that reputation is a crucial aspect of individual dignity. He pointed out that the rights conferred by Article 19(1)(a) are subject to reasonable restrictions concerning public interest, decency, morality, defamation, and incitement of offense. The Court stressed that such freedom should be exercised cautiously and should not infringe upon the rights of others or jeopardize public interest. This is especially important for political figures who invest significant effort into maintaining their public image, which should not be undermined by baseless, defamatory statements made for trivial gains.
Mohamed filed a defamation suit against Verma and News18 following the news debate that occurred on August 20, which addressed the RG Kar Hospital murder and rape case in West Bengal. Her counsel argued that rather than addressing the substance of her statements, Verma resorted to malicious name-calling.
Additionally, it was noted that News18 has a history of permitting abusive, violent, and defamatory language, which has been reported to the National Broadcasting and Digital Standards Authority, leading to penalties against the channel for violating the ‘Code of Ethics and Broadcasting Standards.’
The Court found sufficient grounds for granting interim relief and subsequently issued a takedown order. It also summoned Verma, News18, and the online platforms involved. Dr. Shama Mohamed was represented by Advocates Muhammad Ali Khan, Omar Hoda, Eesha Bakshi, SM Khursheed, Uday Bhatia, and K Sharma.
