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‘Keep rhetoric down, ensure restraint’: Bombay HC seeks Republic TV’s reply to Anil Ambani’s defamation plea

The Bombay High Court was hearing a defamation suit filed by Anil Ambani, who alleges that Republic TV's reporting on his financial transactions and ED proceedings has caused irreparable damage to his reputation.

Ambani claimed he was not involved in the day-to-day decision-making of the companies concerned, yet Goswami and his channel made false claims, affecting his reputation.Ambani claimed he was not involved in the day-to-day decision-making of the companies concerned, yet Goswami and his channel made false claims, affecting his reputation. (File Photo)

The Bombay High Court on Wednesday sought a reply from Republic TV to a defamation suit by businessman Anil Ambani, alleging the channel’s reports on the industrialist’s financial transactions damaged his reputation.

In his defamation suit, Ambani claimed that the “offending publications and statements” by Republic TV alleged to report on the regulatory proceedings initiated by the Enforcement Directorate (ED) in connection with Reliance Communications Limited (R Com), Reliance Home Finance Limited and/or Reliance Commercial Finance Limited.

While hearing Ambani’s application seeking interim relief against ARG Outlier Media Private Limited, which runs Republic TV, a single-judge bench of Justice Milind N Jadhav said that he was not passing any order without hearing the parties, orally asked the channel to “keep rhetoric down” and exercise “restraint” till the next hearing.

Advocates Mayur Khandeparkar and Ameet Naik, appearing for Ambani, argued that Republic TV and its editor-in-chief, Arnab Goswami, were well aware that their client had ceased to be the non-executive director of R Com in November 2019 and was never a director or key managerial person in either of the companies mentioned.

Ambani claimed he was not involved in the day-to-day decision-making of the companies concerned, yet Goswami and his channel made false claims, affecting his reputation.

‘There should be no disparaging adjectives or insinuations’

After Senior Advocate Mahesh Jethmalani for Republic TV sought to file a reply to the plea, Justice Jadhav orally remarked, “Just bring down the rhetoric. I am just making it very clear to you (Republic TV). Please run whatever your story is without the rhetoric and use restraint. That is what I will say. Nothing else. Of course, undoubtedly, you are the fourth estate, but there should be no adjectives or insinuations which will be disparaging to someone. That is all that I am saying.”

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“I am not against the manner in which you are doing it, but the words that you are using are something which are hitting below the belt. And I am very clear about it. All I am saying is that it is your duty, and what you are doing is okay, but at the end of the day, hitting below the belt is something I would like you to refrain from. If you are not, then I will allow him (Ambani’s lawyer) to argue, I will allow you to respond and then I will pass the order,” Justice Jadhav said.

When Jethmalani said that everything his client had said was “true” and contained “fair comment,” Justice Jadhav orally said, “That is where I am coming in. The word fair that you have used is something with which I will disagree at this stage. You are entitled to file a reply, and till you file a reply, refrain from using those words. Otherwise, it will not be fair.”

Jethmalani also argued that there was no “tearing hurry,” as the suit was filed with a delay: the broadcast in question was on February 26 and 27, and while the words in question may sound “extreme,” his client was justified under the law.

“So far as the story is concerned, I am not going to comment on it. Ultimately, it is the right of the public to know. And ultimately, this is one of the fairest media (digital media) in today’s time. At least until I hear the matter, do not use those words. Let the law enforcement agencies do their job. Carry on with your story and your stories are in fact what the nation would like to know. Be that as it may. At the end of the day, ensure there are no disparaging remarks, insinuations below the belt,” Justice Jadhav said.

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After Jethmalani orally assured that “there will be nothing below the belt,” Justice Jadhav sought Republic TV’s affidavit in reply and posted further hearing to April 16.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

 

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