Introduction:

The Delhi High Court recently referred the defamation suit filed by BJP MP Gautam Gambhir against Hindi daily newspaper Punjab Kesari and its reporters to mediation. Gambhir sought to restrain the newspaper from publishing allegedly defamatory content against him. The court’s decision to explore mediation arose from Gambhir’s indication that an amicable settlement might be reached. This development follows a coordinate bench’s earlier observation of a “wilful campaign” by Punjab Kesari to damage Gambhir’s reputation. The court had issued summons to the newspaper and its editors but refrained from granting interim relief. The recent filing seeking withdrawal of the suit for an amicable settlement led to the court’s decision to refer the matter for mediation.

Arguments of Both Sides:

Gautam Gambhir, through Advocate Jai Anant Dehadrai, initiated the defamation suit against Punjab Kesari over articles published since 2022. The cricketer-turned-politician sought an unconditional apology and damages of Rs. 2 crores, alleging intentional publication of false and defamatory content by the newspaper and its reporters. The court had earlier noted the prima facie indication of a deliberate campaign to tarnish Gambhir’s reputation. Despite a legal notice, the newspaper had not responded to cease defamatory publications.

Punjab Kesari, its editor in chief Aditya Chopra, and three reporters faced defamation allegations. The newspaper had argued against interim relief in a previous hearing, emphasizing its right to freedom of expression and asserting that the articles were not defamatory.

Court’s Judgement:

Justice Dinesh Kumar Sharma referred the defamation suit to mediation after Gambhir’s counsel expressed optimism about an amicable settlement. The court listed the matter for mediation on February 29 and a subsequent court appearance on March 12. This approach aligns with the court’s recognition of the potential for resolution between the parties, fostering a collaborative environment for settling the dispute.

The court’s earlier observation regarding Punjab Kesari’s “wilful campaign” likely influenced the decision to encourage mediation, promoting a non-adversarial resolution. By opting for mediation, the court provides an opportunity for the parties to negotiate terms and conditions for settling the defamation suit, potentially avoiding protracted litigation.