The Delhi High Court on Friday lifted the blanket ban on the sale and circulation of a book titled 'Yes Man: The Untold Story of Rana Kapoor' [Harper Collins Publishers India Pvt Ltd v Rana Kapoor & Ors].

Justice Harish Vaidyanathan Shankar ruled that the trial court's findings that four statements in the book were defamatory or derogatory could not justify the ban on the entire book.

Therefore, the High Court modified the trial court's order and said that the injunction would apply only to those four passages.

"The Impugned Order is accordingly modified to the extent that the restraint in respect of the Subject Book shall operate only against those portions thereof in which Statements (ii), (iv), (vii) and (x), as identified in the Impugned Order, occur. The remaining portions of the Subject Book shall not be covered by the injunction merely by reason of the findings returned in respect of the aforesaid statements," the Court said.

The book, written by journalist Pavan Chand Lall, was published through HarperCollins and was released in December 2020.

In July 2024, the Tis Hazari court passed an interim order stopping the sale of the book. The trial court held that the book harmed Kapoor's reputation and was not completely based on facts.

Both HarperCollins and the author Pavan C Lall challenged the order before the High Court.

They argued that Kapoor failed to demonstrate any specific injury to his reputation, despite the book having circulated for years.

The author and the publisher contended that the injunction violated freedom of expression and that the three tests for interim relief were not satisfied. It was stated that the book relied on public-domain material and constituted fair comment.

Further, they argued that pre-trial restraints on literary works would amount to prior censorship.

Kapoor's counsel stated that the book contained defamatory imputations capable of damaging his reputation, professional standing and dignity, besides potentially prejudicing ongoing investigations and trial proceedings.

They argued that being a public figure did not deprive him of reputational protection, and HarperCollins could not escape liability by relying on material already in the public domain. Kapoor maintained that the trial court’s injunction was justified.

After considering the case, the High Court ruled that, pending trial of the defamation case, the ban on the book was "clearly not warranted".

Justice Shankar said that a total ban tilts the balance in the favour of Kapoor's right to social reputation without addressing the constitutionally guaranteed right to freedom of speech and expression of the other side.

"Cleary, an order that effectively takes away one right in preference for the other, that too at a stage before the rival contentions can be analysed and appreciated in detail, is a bit extreme and unwarranted. The learned Trial Court appears to have lost sight of the need for maintaining a balance of the rights asserted on behalf of the rival parties," it said.

Justice Shankar added that a calibrated approach was required in the case.

Therefore, he said the four statements identified to be defamatory or derogatory will be injuncted while avoiding "unnecessary restraint upon the remaining contents" of the book.

Advocates Essenese Obhan, Ashima Obhan, Yogita Rathore and Tushar Chauhan represented HarperCollins.

Senior Advocate Percival Billimoria with advocates Nattasha Garg, Anubhav Dubey, Thakur Ankit Singh, Rachita Sood, Priyamvada Paneru, Liza Arora and Anandi Katiyar represented writer Pavan Chand Lall.

Advocates Naman Joshi, Guneet Sidhu and Aakash Deep Singh appeared for Rana Kapoor.

[Read Judgment]