Bollywood Vs Media: HC seeks film producers response to Times Group’s plea seeking rejection of suit

New Delhi, Jan 5 : The Delhi High Court on Tuesday sought a response from leading Bollywood producers to an application filed by Bennett Coleman & Co. and journalists Rahul Shivshankar and Navika Kumar seeking rejection of the suit filed by them against the two journalists and the media house in order to restrain them from making irresponsible remarks.
A single judge bench of the high court presided by Justice J R Midha issued notice to the Bollywood producers and others and slated the matter for further hearing on March 23.
In its application, the Times Group and the two journalists claimed that the suit filed by the Plaintiffs (Bollywood producers) is not maintainable because the reliefs sought by the Plaintiffs impinge upon the rights available to the defendants which are duly protected under Article 19 of the Constitution of India.
“…the Freedom of Speech (Freedom of Press) cannot be curtailed by way of any injunction sought for under the Specific Relief Act which is a subordinate legislation to the Constitution of India and cannot override the fundamental rights guaranteed therein,” the application said.
The Times Group has also raised the issue of jurisdiction and claimed that the Delhi High Court has no territorial jurisdiction to entertain the lawsuit against it.
It also stated in its application that no cause of action has arisen in favour of the producers and against the media houses, considering that the plaint allegedly complains of defamation of unidentifiable group of persons and as such, defamation is not made out.