13 hours ago
9
PROTECT YOURSELF with Orgo-Life® QUANTUM TECHNOLOGY
Orgo-Life the new way to the future Advertising by Adpathway3 min readNew DelhiJul 21, 2026 05:11 AM IST
“There is no conceivable way, whether in fact or in law, by which it can be presumed that what an author or publisher is proposing to publish would be defamatory, even going by any past publication that may have been made by the author/publisher,” the Delhi High Court held on Monday. (File Photo)
The Delhi High Court on Monday recalled a gag order on future publications by digital news platform The Wire and a journalist on former Delhi chief secretary Naresh Kumar.
“There is no conceivable way, whether in fact or in law, by which it can be presumed that what an author or publisher is proposing to publish would be defamatory, even going by any past publication that may have been made by the author/publisher,” the Delhi High Court held on Monday.
In November 2023, Kumar had moved the Delhi HC with a defamation suit after The Wire published a news report alleging that his son was linked to a case of over-valuation of land, reported by journalist Meetu Jain. The article had also reportedly recorded Kumar’s assertion that “there is no conflict of interest on his part” in the alleged land deal. Kumar had, however, alleged before the court that “certain disgruntled elements, against whom action has been taken or is under way, including in matters relating to the so‑called Delhi Excise Scam and Sheesh Mahal issue” had circulated the allegedly false and fabricated complaints against him.
Justice Anup Jairam Bhambhani, acting on an application by Kumar, an AGMUT-cadre IAS officer, while making the observation, recalled a November 2023 direction of the court to The Wire and journalist Jain that had restrained the two from publishising “any similar defamatory content” as the report Kumar had objected to. The article was taken down by the publisher following the court’s interim direction in November 2023.
Kumar, who reported to then LG Vinai Saxena, and the AAP government were purportedly in loggerheads during his tenure.
A key contention by Kumar was that The Wire report had not sufficiently appreciated the actions he had taken against the alleged delinquent district magistrate concerned with the dealing, which tantamounts to “reckless disregard for truth” by the publication.
Justice Bhambhani, however, ruled that determining the same will require a trial. While recalling the gag on future publication by The Wire against Kumar, Justice Bhambhani observed that “to assume that what someone may publish would be defamatory, is egregiously hypothetical and presumptive; and therefore cannot be the basis of a court injunction. No matter how perspicacious a court may be, it cannot act as a soothsayer and predict what an author may publish next, and presume it to be offensive to a party, and thereby gag what is yet to be put-out in the public.”
© The Indian Express Pvt Ltd
Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court Professional Profile Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express. Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare). Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others. She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020. With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram Recent Notable Articles (Late 2025) Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles: High-Profile Case Coverage She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots. She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy. Signature Style Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system. X (Twitter): @thanda_ghosh ... Read More
English (US) · 
French (CA) · 
French (FR) ·