Delhi High Court stays NCLT order blocking litigant's email over derogatory content

The Delhi High Court on Tuesday ordered the restoration of an army veteran, Colonel Ashish Khanna's personal email ID that was blocked on the orders of National Company Law Tribunal (NCLT) over derogatory emails sent to the tribunal's registry [Col Ashish Khanna Vs National Company Law Tribunal & Ors]..Justice Neena Bansal Krishna observed that email IDs cannot be blocked by merely citing derogatory content."A person's email ID cannot be blocked because he sent derogatory emails. Action can be taken against the act (sending derogatory emails) but his personal email ID cannot be blocked," the judge said. She opined that email was merely a mode of communication and it cannot be shut off due to derogatory content. Justice Krishna further suggested that affected people could file file an criminal complaint or institute a defamation suit. "In the earlier days people used to send letters. Could a person be banned from sending letters through post because they contained derogatory content?" she asked..The matter concerns a September 10 order passed by the NCLT Delhi, in the Delhi Gymkhana Club case.The Delhi Gymkhana Club was taken over by the Central government with the sanction of the NCLT in 2022. Col Khanna, who was a former Secretary/CEO of the Club, had addressed emails to the Registry of the NCLT on various occasions. In these, he pointed out certain alleged infirmities in the conduct of the affairs of the Club and the proceedings before the tribunal. The tribunal, however, objected to the content of these emails, observing that they were "incoherent, abusive, convoluted and depraved.""It reveals Mr. Ashish Khanna’s mental imbalance and his confused state of mind. He is accusing almost everyone coming in his path," the NCLT added..The NCLT further found that Khanna’s emails were affecting the work of the Registry, leading to genuine litigants suffering because of one ‘belligerent litigant.’“On perusal of content of these emails, previous orders passed by this Tribunal, closely analysing the conduct and behaviour of Mr. Ashish Khanna during Court proceedings, it seems that he is a perpetual litigant who goes down to any depth of depravity, who finds pleasure in litigation, who enjoys humiliating the members of the bar, Hon’ble Members of the Tribunal and who draws malicious satisfaction in attacking and belittling the decorum of the Courtroom. His tactics are threatening and intimidatory,” the NCLT said. .It thus ordered Union Ministry of Electronics and Information Technology (MEITY) to take strict action against Khanna and de-register his email id. The order also directed MEITY to prevent him from registering a fresh email ID by blocking his IP addresses and device details. .Col Khanna challenged this development before the High Court. He questioned the jurisdiction of NCLT to ban a person’s digital Identity or track his IP addresses and devices.“Order banning petitioner’s digital identity, throttles his ability to communicate, violating his right to free speech and to work in new job," his plea said.Advocate Adwait Singh Sirohi, who appeared for Khanna, told the Court that his client had been put on 'digital arrest' owing to the NCLT's September order..The Court sought the NCLT's response in the matter last month.Today, the lawyers appearing for the respondents submitted that they had no objection to the Court staying the order to de-register Khanna's email ID.The Court, therefore, stayed the NCLT's September 10 directive and listed the case for an elaborate hearing in January 2025.