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This is an archive article published on October 27, 2018

Court rejects Alok Nath’s plea seeking injunction on Vinta Nanda speaking to media

Earlier this month, Nath, through his wife Ashu Singh, had filed a civil defamation suit against Nanda, asking for damages of Re 1.

Metoo, rape, sexual harassment, defamation, case against Alok Nath, Vinta Nanda, defamation against Nanda, Civil court, Indian Express  Civil court rejected a plea filed by actor Alok Nath. (Source: File Photo)

The city civil court in Dindoshi on Friday rejected a plea filed by actor Alok Nath seeking an injunction to be placed on screenwriter Vinta Nanda from speaking to publications about the allegations of rape that she has levelled against him.

Earlier this month, Nath, through his wife Ashu Singh, had filed a civil defamation suit against Nanda, asking for damages of Re 1 apart from directions from the court seeking a bar on Nanda releasing any statement publicly that would defame him further.

Sessions Judge S U Baghele on Friday observed that neither Singh nor Nath could claim to having been defamed by a post that Nanda wrote on her Facebook page on October 8, in which she alleged that he had raped her 19 years ago while he was the lead actor in the popular television serial Tara, of which she was the writer.

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Judge Baghele observed that Singh, who is plaintiff number 1 in the suit, and Nath would be not granted any ad interim relief. While seeing aside the injunction plea, he also observed that as long as a person is alive, someone else, including a family member, cannot sue for defamation on his behalf. While dictating his judgment, the judge observed that it can only done for someone who is dead.

In her arguments, Nanda’s lawyer, advocate Dhruti Kapadia, had accused Nath of hiding behind his wife and objected to her being plaintiff number 1. She prayed for the suit to be dismissed outright.No date was set by the court to hear Singh and Nath’s suit.

Calling the order a victory for women, Kapadia said: “I am very happy that the court has passed this verdict. More women will now come out and speak up. Many people had advised my client not to take on Nath as he is an influential man. We will now fight this till the end.”

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On Thursday, advocate Ashok Saraogi, who is representing Nath, had argued in court that Nanda being a screenwriter, made up the story about being raped. He also accused Nanda of accusing Nath to make money and gain publicity. He claimed that his client is a victim of a media trial.

Saraogi also argued that Nanda chose not to complain about the alleged assault when it took place nearly two decades ago and questioned why she had decided not to approach the authorities then and instead write about her account a Facebook post. He had also argued that his client has a good reputation in society and is known as the “Sanskari man”.

Kapadia had accused Saraogi of assassinating Nanda’s character in his arguments and argued that Nath’s suit was a “skin saving tactic”. She had also argued that Nanda’s post detailing the alleged sexual assault was not written with the intention of causing defamation.

Soon after Nanda wrote her post, Nath had filed a case of criminal defamation, before revising it to a civil suit.

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Nanda had then submitted a written complaint at the Oshiwara police station detailing her allegations and asking for an FIR to be registered against Nath.

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