Tharoor v. Arnab: Cross Examination in Delhi HC to begin in May [Read Order]
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Tharoor v. Arnab: Cross Examination in Delhi HC to begin in May [Read Order]

Ashutosh Gambhir

The war of words between Congress leader Shashi Tharoor and Republic TV’s star anchor Arnab Goswami will now culminate at the witness stand, with both set to depose before the Delhi High Court in the defamation case filed by the former.

Tharoor had filed a suit against Goswami and his channel seeking compensation and damages for making allegedly defamatory remarks during their reportage of Sunanda Pushkar’s death.

He had also asked for a prohibitory injunction restraining Goswami from reporting any news related to the death of Pushkar till the investigation was complete. The Court, however, refused to grant the said injunction.

The Court, during earlier hearings, had asked Goswami to tone down the rhetoric and had stated that any person, including an accused, has a right to silence.

Last week, the Single Judge Bench of Justice Manmohan framed issues in the suit, with the consent of the parties. Some of the issues are as follows:

  • Whether the news reports and broadcasts carried out by the defendants on the News Channel ‘Republic TV’ between 08th May,  2017 and 11th May, 2017 pertaining to the death of plaintiff’s wife were defamatory to the plaintiff?
  • Whether the impugned statements and news reports of the defendants lowered the eminent reputation of the plaintiff attained in India and abroad before right-thinking members of the society and people of average intelligence?
  • Whether the statements made by the defendants were actuated by malice against the plaintiff, i.e. with actual knowledge of falsity of the statements or with reckless disregard for the true state of affairs?
  • Whether defendant No.1 has had a history of broadcasting incorrect and unsubstantiated news reports?
  • Whether the defence of provocation and personal animosity are made out in the present case?

The Bench then asked the counsel as to whether the plaintiff and the defendant would be willing to step into the witness box. The counsel for both the sides answered in the affirmative. The Court then scheduled the cross-examination of Tharoor before the Joint Registrar on May 10.

Read Order:

arnab-v-tharoor-watermark.pdf
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