The Delhi High Court on Monday said Trinamool Congress leader Mahua Moitra cannot be prevented from defending herself against allegations made by an estranged friend in public domain as long as her statements are not objectively false.
The court made the oral observation while dealing with a plea by lawyer Jai Anant Dehadrai seeking an interim injunction to stop the expelled Lok Sabha MP from making “defamatory” statements against him.
Dehadrai has filed a lawsuit against Moitra seeking damages of Rs 2 crore for making certain allegedly defamatory statements against him in the backdrop of the cash-for-query row.
“If you put the allegations in the public domain, she has every right to defend herself. Except that she cannot make any objectively false statements,” said Justice Prateek Jalan during the hearing.
“If both the parties say we don't wish to have this battle in public domain, then it is one thing. (But) If you are going to make a public comment, then she has to have the space to defend herself,” added the judge.
Counsel for the politician said her statements are not defamatory and can be justified on several grounds, including that they qualify as “fair comment”.
The court also questioned the plaintiff’s lawyer about a statement he gave to the media after the last hearing. “Mr (Raghav) Awasthi, you will also advise your client to be very careful. If he is going to be a plaintiff in my suit… equities will be balanced in granting an injunction. It is because you are making statements against her in the public domain, it requires her to be given scope to defend. Did you make any statement to press after the last hearing?” the court told Dehadrai’s lawyer.
In the lawsuit filed through lawyer Mukesh Sharma, Dehadrai said Moitra’s statements have lowered the plaintiff’s esteem in the eyes of friends, family and colleagues as they portray him as a “person who has become bitter due to a failed personal relationship and is now filing false complaints to take revenge for the said reason”.
The court had issued summons on the lawsuit on March 20.
It has listed the matter for further hearing on April 25.
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