The Delhi High Court on July 8 rejected the written apology submitted by Trinamool Congress (TMC) Member of Parliament Saket Gokhale in an ongoing defamation case filed by former diplomat and senior United Nations official, Lakshmi Murdeshwar Puri, over allegedly defamatory posts made by Gokhale on social media.
The court observed that there was a notable difference between the public apology that had been directed by a single judge of the court earlier and the written apology submitted now by Gokhale in the current proceedings. Terming the apology insufficient, the High Court refused to accept it, asking Gokhale’s counsel to withdraw the affidavit and file a fresh, appropriate apology. The court scheduled the next hearing of the case for July 22.
The case pertains to an appeal filed by Saket Gokhale against the July 1, 2024, verdict by a single-judge bench that restrained him from making or publishing any further statements against Ms. Puri on social media or any online platform. The single judge had also directed Gokhale to issue a formal public apology and pay Rs 50 lakh as damages for the defamatory content.
Senior advocate Amit Sibal, appearing for Gokhale, informed the court that his client had filed an affidavit tendering an unconditional apology along with a public apology posted on his X (formerly Twitter) handle, in compliance with the previous court directions.
However, the counsel for Puri, senior advocate Maninder Singh, raised objections to this submission, questioning Gokhale’s sincerity and conduct, particularly during the earlier contempt proceedings before the single judge. Singh pointed out that the apology tendered lacked the candour and depth expected by the court’s previous order.
The defamation suit was filed by Lakshmi Murdeshwar Puri in response to a series of tweets posted by Gokhale in June 2021. In those tweets, Gokhale had made allegations regarding the financial affairs of Puri, specifically questioning how she could have purchased an apartment worth 1.6 million Swiss Francs in Geneva in 2006 based on her income at that time.
Puri, who has served in senior diplomatic positions, including as India’s Ambassador and as Deputy Executive Director of UN Women, asserted that these allegations were false, reckless, and made without any verification. She argued that the defamatory posts tarnished her reputation, goodwill, and integrity, both in India and internationally.
In the judgment delivered on July 1, 2024, the Delhi High Court ruled in favour of Puri, restraining Gokhale from publishing any further material on any electronic or social media platform concerning the allegations. The court held that the posts were defamatory, lacked a factual basis, and caused harm to Puri’s standing.
The court also ordered Gokhale to publish an unqualified apology and awarded Rs 50 lakh in damages to Puri for the harm suffered.
During Tuesday’s hearing, the bench observed that the written apology submitted by Gokhale did not align with the public apology previously directed. The court indicated that the language and tenor of the affidavit fell short of the required standard and asked his counsel to file a new version.
The case highlights the increasing legal scrutiny over defamatory content on social media platforms in India and the judiciary’s evolving approach to balancing free expression with the protection of individual reputation.
The High Court made it clear that mere formality in issuing an apology would not suffice, particularly in cases where the defamatory content has already caused reputational harm.
The matter will now be heard again on July 22, with the court expecting Gokhale to submit a fresh affidavit that meets the conditions laid down earlier.
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