IMA Chief Johnrose Austin Jayalal moves Delhi High Court against trial court order deprecating interview to Christianity Today

President of Indian Medical Association (IMA), Johnrose Austin Jayalal has moved the Delhi High Court against a trial court order deprecating his interview to Christianity Today as being against secularism (Johnrose Austin Jayalal vs Rohit Jha).

. A Bench of Justice Asha Menon on Monday refused to pass any ex parte order at this stage but issued notice in the appeal preferred by Jayalal.

. It was Jayalal's concern that the observations made against him in the impugned order are gravely prejudicial as they form a prima facie opinion that he has misconducted himself.

. Advocate Tanmay Mehta argued that the order has impacted Jayalal's status as the Chief of the IMA which has 3.5 lakh doctors as its members.

. Seeking a stay on the observations, Mehta contended that there was nothing in the Christianity Today interview to show that he was propagating any religion or luring or attempting to convert people.

. "What part of it..which part is objectionable? He doesn't say Christianity is equal to allopathy.. He says he is not against Ayurveda. He is against mixopathy..If someone prefers allopathy, it doesn't mean he is luring someone, " Mehta argued.

. Mehta also explained that contrary to the record, there was no assurance to the lower court that Jayalal would not indulge in any such activity.

. Instead, the stand was that Jayalal had never indulged in any of the alleged activities, Mehta stated.

. The Court, however, responded that it would not go beyond what is recorded by the trial court.

. "We can't get into factual correctness of the order. I said this, I said that.. Court is not going to call the judge concerned," the Court replied.

. The Court also expressed its reservations on interfering with an order which is passed on an assurance given by a party.

. " These are general observations. If he was so convinced, he would have injuncted you, " the Court observed.

. During his submissions, Mehta also alleged that the lower court order was passed in a "frivolous" suit for defamation by one Rohit Jha. It was also argued that the suit itself was not maintainable as it sought damages for defamation of a class which is not permissible in Indian law.

. Seeking an ad interim stay on the adverse observation against him, Mehta pleaded,

. "I'm being demonised by the media.. observations need to be stayed."

. He reiterated that Jayalal had never been on any television debate with Baba Ramdev and that the suit was based on "fake news". The Court was also informed that a cyber complaint has already been made by Jayalal against the fake news article alleging an interview to Haggai International on conversion to Christianity.

. I will fight by case on merit before the trial court , Mehta stated.

. After hearing Mehta, the Court opined that it would not pass any ex parte order and proceeded to issue notice.

. The matter would be heard next on June 16.

. The appeal was filed through Advocate Nitesh Jain.

. The Additional District Judge, Dwarka Courts had pulled up Johnrose Austin Jayalal for his alleged statement crediting Jesus for reducing the COVID-19 outbreak.

. It had opined that IMA platform should not be used to propagate personal religious views and cautioned Jayalal against the use of " any kind of unguarded or loose comment " from those on responsible posts.

. These observations came on a suit by one, Rohit Jha who alleged that he was "hurt by the malicious and defamatory campaign" by the IMA chief against Hindu religion.

.IMA should not be used to propagate any religion: Delhi Court deprecates Chief Johnrose Austin Jayalal interview to Christianity Today

IMA Chief Johnrose Austin Jayalal moves Delhi High Court against trial court order deprecating interview to Christianity Today

Aditi

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