Ketan Kakkad's statements not only defamatory but also communally provocative: Salman Khan to Bombay High Court

Bollywood actor Salman Khan has told the Bombay High Court that the videos posted by his neighbour, Ketan Kakkad, on the internet making derogatory remarks against him are not only defamatory but also communally provocative. .The actor approached the High Court in appeal against a civil court's interim order refusing to block/ suspend Kakkad's social media accounts where the allegedly derogatory content against Khan was shared. The relief was sought through a civil defamation suit..Before the High Court, Senior Advocate Ravi Kadam, appearing for Khan, argued last week that the civil court had wrongly refused to grant injunction."The videos uploaded by Kakkad are blithely speculative. They are not only defamatory but also communally provokes the viewers against Salman Khan," he argued.Kadam also showed the contents of the video to the Court to prove how Kakkad was trying to provoke viewers against Khan."In the video, the defendant (Kakkad) compares Salman Khan to Babar and Aurangzeb. He says it had taken 500 years for the Ayodhya Mandir to come up and here Salman Khan is trying to shut down a Ganesh temple," he said.Kadam emphasized that these videos were being watched by lakhs of viewers who were free to comment against Khan. "The videos have communalised everything and made it Hindus versus Muslims," Kadam contended..Justice CV Bhadang hearing the appeal asked Kadam to flag out all important transcripts of the videos which were alleged to be defamatory. The matter will be heard again on August 22. .Khan's suit before the lower court filed through law firm DSK Legal, stated that Kakkad had made false, disparaging and defamatory allegations in videos, posts and tweets causing harm to Khan, his family members and his business ventures.Khan, therefore, sought injunctive reliefs against the defendants in relation to various social media platforms.Along with Kakkad, the suit also arraigned other individuals, social media giants like Facebook, Twitter, Google, YouTube along with their Indian counterparts.The plea pointed out that Kakkad had attempted to purchase a plot of land beside Khan’s farmhouse in Panvel; however that transaction was cancelled by the authorities on the ground that it was illegal.However, after the said transaction was cancelled, Kakkad started raising false and baseless accusations that the transaction had been cancelled at the behest of Khan and his family members..Kakkad, through his advocates Abha Singh and Aditya Pratap Singh, argued that the statements by him revolve around facts about Khan's property and that could not amount to defamation.It was brought to the Court's attention that Khan, being a celebrity, had put everything about himself including about his Panvel farmhouse on the public domain. .While rejecting interim relief, the Mumbai City Civil Court had observed that there was documentary evidence to prove claims made against Khan relating to illegal encroachment and violation of the Forest Act.This led to the present appeal before the High Court. .Kadam was briefed by team from DSK Legal comprising of Managing Partner Anand Desai, Partners Chandrima Mitra and Parag Khandhar, Principal Associate Prachi Garg and Senior Associate Shivani Khanwilkar.

Ketan Kakkad's statements not only defamatory but also communally provocative: Salman Khan to Bombay High Court

Satyendra Wankhade

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