Court asks Khushwant not to write on Maneka
The Delhi high court on Tuesday restrained Khushwant Singh from writing or publishing anything about the private life of Maneka Gandhi till the disposal of her defamation suit against him.
In a 36-page order, Justice K Ramamoorthy made absolute an ex-parte injunction order passed against Singh in December 1995. He ruled that the writer and his publisher Ravi Dayal would not publish, circulate or sell Singh's
autobiography Truth, Love and a Little Malice or any extract
pertaining to the plaintiff (Maneka Gandhi) and her family in the manner as reproduced in the October 31, 1995 issue of India Today
magazine.
Gandhi had sued Singh for damages following the publication of the excerpts of his autobiography in the fortnightly, contending that he had violated her right to privacy, which is enshrined in the right to life and liberty guaranteed by
Article 21 of the Constitution.
Claiming that Singh had made derogatory remarks against her and
her family, Gandhi contended through her counsel Raj Panjwani
that no one can publish anything concerning the private life of a
person -- critical or laudatory -- without his or her consent.
Following Mankea Gandhi's suit and her application for injunction,
the court had granted an ex-parte stay. Singh then moved an
application for the vacation of the stay, which was dismissed on Tuesday.
Observing that the parameters of freedom of speech are well
settled, Justice Ramamoorthy said freedom of speech would not include
writing about the personal lives of others without justification and
which would not be of any value to the reading public.
Holding that the law in India does not permit ''scrawly
writings'' by individuals just for the purpose of satisfying their
impulses arising out of personal animosities, the judge added that
people would expect from great writers like Khushwant Singh high
thinking, high learning and higher living.
Justice Ramamoorthy set September 10 for framing issues in the
suit.
UNI
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