Relief for ex-PM Deve Gowda, SC refuses to interfere with Karnataka HC order in defamation case
New Delhi, Sep 9: In a relief to former Prime Minister H D Deve Gowda, the Supreme Court on Friday refused to interfere with the Karnataka High Court order staying execution of a trial court decree asking him to pay Rs 2 crore in a defamation suit filed against him by a construction company.
The apex court, however, acknowledged statements made by influential public figures against corporate entities do affect their reputation, share prices and investments.
The trial court had, in an order on the defamation suit on June 17, 2021, directed Deve Gowda to pay Rs 2 crore as damages to the Nandi Infrastructure Corridor Enterprises (NICE) for his "defamatory statement" against the company in a television interview 10 years ago.
A bench of Justices DY Chandrachud and Hima Kohli, while hearing an appeal filed by NICE, noted the high court in its order of February 17, 2022 directed Deve Gowda not make any statement, which is defamatory, pending the disposal of the first appeal.
"Since the High Court has passed a discretionary order staying the execution of the decree passed by the trial court imposing compensation in a suit for defamation pending the first appeal, we are not inclined to entertain a petition under Article 136 of the Constitution.
"The High Court has also directed that the respondent shall not make any statement, which is defamatory, pending the disposal of the first appeal," the bench said.
It told senior advocate Neeraj Kishan Kaul, appearing for NICE, that derogatory words like "loot" were used by Deve Gowda, which could affect the reputation of the company.
"We agree with you, statements made by influential public figures against the corporate entities do affect their reputations including the share prices and investments," it said.
The bench said if there is any breach of the direction of the high court by the former prime minister, the company will be at liberty to move the HC for vacating the interim order.
"We also clarify that the observations in the impugned order shall not weigh in the final disposal of the first appeal since it was confined to the question of interim stay of execution of the decree," it said and dismissed the appeal of the company.
At the fag end of the hearing, the bench asked Kaul whether the statements by the former PM were made with respect to the Bengaluru-Mysuru Infrastructure Corridor (BMIC), which is a six lane expressway connecting the two cities, to which he replied in the affirmative.
"We also take into account the public confidence in the project," the bench then noted.
The trial court had on June 17 last year permanently restrained Deve Gowda from making any defamatory statement against NICE and directed him to pay Rs 2 crore as damages.
The project was cleared by Deve Gowda himself when he was the Karnataka chief minister in 1995 on Build-Own-Operate-Transfer (BOOT) basis.
The company had filed a defamation case against the Janata Dal (secular) leader seeking Rs 10 crore as damages after he gave an interview to a local news channel on June 28, 2011 during which he called the project "loot".
The trial court had observed the project was upheld by the High Court of Karnataka and the Supreme Court in their judgments.
The project undertaken by the company is a massive one which is in the larger interest of Karnataka, the trial court had said.
"Hence, if defamatory statements like the present one are allowed to be made in future, definitely, implementation of such a massive project like the present one, which is undertaken in the larger public interest of the State of Karnataka, is going to be delayed.
"Therefore, this Court feels that it is necessary to curb such statements by issuing permanent injunction against the defendant," the trial court had said in its order.
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No disputed structure should be called mosque: UP CM Adityanath
Mahakumbh Nagar (UP), Jan 11: Chief Minister Yogi Adityanath on Friday said no controversial structure should be referred to as "a mosque", asserting that tenets of Islam are "against constructing a mosque-like structure" at disputed sites.
Adityanath made the remarks while referring to the Shahi Jama Masjid dispute in Sambhal that sparked violence in November last year, according to an official statement.
The chief minister, while speaking at an event of a private news channel here, also said that worship at disputed sites is neither acceptable to God nor in line with Islamic principles, it said.
"We must never call a controversial structure a mosque. The day we stop calling it (a mosque), people will stop going there. Islam itself teaches against hurting anyone's faith or constructing a mosque-like structure at such places," the chief minister said.
"If God disapproves, why should we engage in such futile worship?" he questioned.
Adityanath emphasized that Islam does not require the construction of specific structures for worship, unlike Sanatan Dharma, where temples are central to religious practice, the statement said.
He called for a shift towards unity and progressive thinking, saying, "This is time to embrace the vision of a new India."
On the Sambhal violence over a court-ordered survey of the Shahi Jama Masjid, he said that Sambhal was prophesied as the birthplace of Kalki, the tenth incarnation of Lord Vishnu, long before the advent of Islam.
The chief minister further stated that historical documents like Ain-i-Akbari mention the demolition of a Shri Hari Vishnu temple in 1526 to erect the Jama Masjid, calling for the site to be voluntarily returned, the statement said.
He also suggested that the issue of disputed religious sites, such as the Shahi Jama Masjid, should not require judicial intervention. Instead, he advocated for mutual reconciliation, urging "followers of Islam to acknowledge the truth and extend a gesture of goodwill", according to the statement.
On the matter of the Places of Worship Act, Adityanath expressed confidence that the courts would ensure justice and respect for faith.
The Mughal-era Shahi Jama Masjid in Sambhal came into spotlight after a local court accepting a plea that it has been built over a temple ordered survey in November last year. During the second survey of the mosque on November 24, violence broke out in Sambhal in which four people were killed.
On the historical significance of Ayodhya, Adityanath also expressed gratitude for the installation of Ram Lalla's idol in 2024, noting that it ended a 500-year-long wait. He stated that the Maha Kumbh-2025 was being held at an auspicious time.
Reflecting on his slogan "Ek hain to nek hain, batenge to katenge", Adityanath highlighted the importance of unity, saying, "History has shown us that division weakens us. If we learn from the mistakes of the past, such situations will never arise again."
The chief minister also attacked the opposition INDIA bloc, saying, "Those who once strangled the Constitution now hold its copy to mislead the public."
He also pointed out that terms like "secular" and "socialist" were added to the Constitution during the Emergency, the statement said.
