Delhi High Court stays criminal defamation case against Sudarshan TV, Suresh Chavhanke

The Delhi High Court recently stayed the proceedings of a criminal defamation case filed against Sudarshan TV and its Chairman Suresh Chavhanke [Suresh Khanderao Chavhanke v State of NCT of Delhi & Ors].

Justice Madhu Jain said that the stay will continue till the next date of hearing of the case before the High Court on October 28.

"Learned counsel for the petitioner [Chavhanke] submits that the petitioner is only an anchor of a TV Show and there was no criminal intention on the part of the petitioner... Till the next date of hearing, there shall be a stay on the Trial Court proceedings," the Court ordered.

The defamation case against Chavhanke was filed by one Mohd Tufail Khan, who runs Jamia Arabia Nizami Welfare Educational Society, an NGO and madrasa providing shelter, food and education to around 70 orphans.

Khan had also sued Islamic scholar Mufti Wajahat Qasmi, Sudarshan TV and Maya Chavhanke (the director of Sudarshan TV and Suresh Chavhanke's wife) and certain other persons.

He alleged that Qasmi falsely accused his organisation of anti-national activities, illegal funding and brainwashing children through social media posts and television interviews in August and September 2022. He also alleged that residents, accompanied by media personnel, entered his home in September 2022, called him a “Bangladeshi” and circulated his phone number, resulting in death threats.

Khan further accused Sudarshan TV of broadcasting defamatory programmes in April 2023 and organising another show containing derogatory allegations against him.

On October 19, Saket Court Judge Kartik Tapariya found prima facie defamatory material in the allegations, tweets, interviews, videos and broadcasts, and summoned seven accused persons to appear before the court.

As Chavhankes and Sudarshan TV failed to appear before the Court, the judge issued bailable warrants against them on April 6. The warrants were cancelled on May 30 after they entered appearance.

Khan had earlier approached the Delhi High Court seeking directions for the removal of defamatory allegations from online platforms. During an April 2023 hearing, the Court was informed that the videos complained of on YouTube have been removed.

Khan was then allowed to withdraw his plea after which he filed the present defamation complaint.

Advocates Makarand D Adkar, Amita Sachdeva and Amandeep Singh Gahlot appeared for Suresh Chavhanke.

Additional Public Prosecutor (APP) Manoj Pant represented the State.

[Read Order]