O.S.

1229/2019

16/02/19

ORDERS ON I.A.No.1

The plaintiff has filed the present

suit against the defendants for the relief
of permanent injunction restraining the
defendants, their men, agents or
anybody claiming under them from
telecasting/ transmitting/ publishing/
distributing/ sharing any material in any
permanent/ transient/ audio format/ in
any print media/ newspaper/ television
channels/local cable operated channel/
internet/ website/ radio channel/ social
media, etc., anything false, malicious,
defamatory and derogatory news
concerning/relating to the plaintiff
directly or indirectly.
In the suit, he has filed I.A.No.1
under Order 39 Rule 1 and 2 of CPC
seeking for ad-interim exparte
temporary injunction restraining the
defendants from similar relief as claimed
in the suit.
The brief facts of the plaintiff’s
case is that, plaintiff is a present sitting
MP from Mysore-Kodagu Constituency
and he is a State President of BJP Yuva
Morcha and he is also known journalist
and he has vast followers in social
media and he has got a good
reputation. Now in anticipation of the
Lokasabha elections, he is also
expecting candidature from the same
constituency, where he is a sitting MP.
Now he is under the apprehension that
 O.S.1229/2019

because of upcoming elections, in order

to damage, tarnish his image in the
public life in order to have an adverse
impact in the elections, the defendants
have reason to publish news with
respect to the plaintiff to tarnish his
image in the eye of public in general.

The learned counsel for the

plaintiff submitted that, during 2014
elections also similar attempts were
made by the defendants and he placed
reliance on one of news paper article
published in ‘Hai Bengaluru’ where false
report is published and another news
paper ‘Gowri Lankesh’ where also a
news with respect to the plaintiff is
published. Presently he is relying upon
a article published in ‘Srinath Pathrike’
which is defendant No.48 under the
caption ‘¹AºÀzÀ ¨Á¬ÄUÉ §°AiÀÄÁzÀ
ºÉtÄÚUÀ¼ÉµÀÄÖ?’ and he has also
apprehends that a false news will be
published in the channel by name
‘Samara News’, which is defendant
No.49.

Heard the arguments and

perused the records.
The undisputed fact is that,
plaintiff is a sitting MP and also a known
journalist. It is also not in dispute that
Lokasabha elections is upcoming in this
year. In this situation, he being sitting
MP and expecting candidature for the
Mysore-Kodagu constituency, if any
false and fake news are published,
 O.S.1229/2019

definitely, the image and reputation of

the plaintiff will be tarnished and it will
certainly affect his candidature and also
election which is to be held in this year.
He has made out grounds by producing
the articles published in the tabloid
papers. Apart from that, now-a-days
we have seen that people will fairly
believe the news published in the print
media, electronic media and also social
media without verifying the truthness of
the same. False news will spread
immediately and will tarnish the image
of any person. Media is known as
fourth pillar of the democracy, has also
got some responsibility in upholding the
values of democracy. Of course, one
has freedom of speech and expression,
as held by the Hon'ble High Court in
A.K. Subbaiah vs. D.N. Garudachar case,
every right has a corresponding duty.
So merely because one person has got
freedom of speech, he by using the
same, cannot publish and speak a
falsehood in order to damage the
image of any person in the general
public. So considering the materials
placed before Court and also
considering the situation, I am of the
humble opinion that plaintiff has made
out prima facie case and balance of
convenience also lies in his favour and
irreparable injury will be caused to him,
if an order of TI is not granted. Hence
I proceed to pass the following:
 O.S.1229/2019

ORDER
I.A.No.1 is allowed in part.
The defendants are hereby
restrained from publishing any
defamatory or derogatory, fake and
false news either in print media or in
electronic media or in the social media
till filing of written statement.
The order of temporary injunction
will operate against each defendant till
their written statement is filed.
It is hereby clarified that this
order will not come in the way of
publishing true fact having concrete
evidence.
Issue suit summons, notice of
I.A.1 and order of TI, if complete PF is
paid.
Office is directed not to issue
certified copy of this order till
compliance of Order 39 Rule 3A of CPC
and also payment of full PF.
For appearance of defendants call
on 16.03.2019.

XII ACC & SJ.,

Bengaluru