Trinamool Congress Member of Parliament (MP) Mahua Moitra told the Delhi High Court on Tuesday that she will remove her tweet calling Bharatiya Janata Party (BJP) MP Nishikant Dubey "fake degree kism ke aadmi (man with a fake degree)".
Moitra's counsel made the statement during the hearing of a defamation case filed by Dubey against Moitra and former finance secretary Subhash Chandra Garg.
Garg too told the High Court that he will request the podcaster to block a portion of the video where he calls Dubey "blackmailing kism ke aadmi (man who resorts to blackmailing)".
Justice Tushar Rao Gedela recorded the statements in his order and issued summons to both Moitra and Garg.
Moitra's counsel told the Court that the dispute between her and Dubey is political and she will retain her right to question Dubey's degree.
Garg and Moitra made the statements after Justice Gedela objected to the use of the word "blackmailer".
Justice Gedela said that a word like blackmailer cannot be used for any person and is intemperate and absolutely derogatory.
“If they [Dubey] said you [Garg] are a blackmailer, will you take that lightly? We are not on why someone asked you [the question]. We are not denying you the opportunity to file a reply. These are two persons who have got a reputation. You think we don’t understand this? You can’t use a word like blackmailer for any person. It’s an intemperate word and absolutely derogatory. You want us to put this in writing? We will do that… You can’t call anybody by that name. The rest of the things are debatable. There is nothing intemperate in anything else you have said,” the Court remarked.
Advocate Samudra Sarangi appeared for Garg and Moitra and said that Garg was talking about GDP numbers and his comments about Dubey came only after he (Dubey) made personal remarks against him.
“I did not engage with him. I am in a podcast, and I have some comments about the GDP numbers. Then a question comes, and I give background as to why this man has personal animus against me and that dates back to 2018. I have given a detailed account. He admits the interaction but disputes the contextualisation of one of the conversations,” Sarangi said.
He added that Dubey must show that he has some extra credibility to get the injunction.
“It is his affidavit versus my affidavit. He must show that he has some extra credibility,” Sarangi said.
On Moitra’s comments, Sarangi said that the dispute between her and Dubey is political. He said that Dubey must show the degree to refute Moitra’s claim that it is not fake.
However, the Court asked Sarangi to obtain instructions on removing the posts.
After some time, Sarangi told the Bench that the podcast was published by another person. He said Garg will request the podcaster to block the word blackmailer.
Sarangi added that Moitra will remove the particular tweet but will retain the right to question Dubey's degree.
The Court recorded the same in the order.
Dubey has sued Garg over remarks in which he allegedly called Dubey a "blackmailing person". Garg had also said that Dubey came to his office to exert pressure in relation to a matter concerning the Life Insurance Corporation (LIC).
Moitra tweeted the video in which Garg was making that statement.
In her tweet, she said, "“Yeh blackmailing kism ke aadmi hai”… yes 100% correct @Subhashgarg1960! Fake degree kism ke aadmi bhi. Don’t fear his defamation/ Lokpal/ ED/CBI threats - tell him to blow his pipe till he bursts. Well done, Sir for speaking the truth. Respect."
Dubey has argued that the allegations are false, malicious and defamatory.
The feud between Dubey and Garg intensified after Garg publicly questioned the Centre’s reported 7.8% GDP growth figure for the first quarter.
Dubey responded by reviving his criticism of Garg’s tenure as a senior finance ministry bureaucrat and shared a March 2018 letter in which he had urged Prime Minister Narendra Modi to review Garg’s macroeconomic policy framework.
The dispute escalated after Garg, speaking on a podcast, alleged that Dubey had visited his office in 2018 and sought his intervention in matters concerning the LIC, transfers and contracts. Garg described the interaction as an attempt to exert pressure on him.
Dubey denied ever visiting Garg’s office and accused the former bureaucrat of making defamatory and false claims. Dubey subsequently sent a legal notice to Garg, demanding an unconditional apology.
Garg sent his response to the legal notice. After this, Dubey filed the defamation case.
After Dubey's counsel showed the video of Garg calling Dubey a "blackmailer", the Court told Garg's lawyer that either they should block it or the Court would pass an order.
The defamation cases were filed through advocate Amit V Awasthi. Senior Advocate Jeevesh Nagrath argued Dubey's case.