TMC MP Mahua Moitra told the Delhi High Court she would delete an X post referring to BJP MP Nishikant Dubey as a “fake degree” person.
The court called the word “blackmailer” derogatory in the absence of an established finding.
Dubey’s legal notice alleges that remarks made by Garg during a September 17 podcast falsely accused him of blackmail and seeking favours from the LIC chairman.
Trinamool Congress (TMC) MP Mahua Moitra on Tuesday told the Delhi High Court that she would delete a post on X referring to BJP MP Nishikant Dubey as a “fake degree kism ke aadmi” (a person of the fake degree kind), as the court heard a defamation suit filed by Dubey against Moitra and former finance secretary Subhash Chandra Garg.
Moitra’s counsel gave the assurance before Justice Tushar Rao Gedela. Garg’s counsel, meanwhile, told the court that a request would be made to the podcaster concerned to mute the portion of a video in which Dubey was described as a “blackmailing kism ke aadmi”.
The court expressed concern over the use of the term “blackmailer”, observing that such a description could be derogatory in the absence of a finding establishing the allegation.
“Except for the blackmailing word, there is nothing else. You do one thing. Cut that sound out. Block that blackmailing word, that's all,” Justice Gedela told Garg’s counsel, adding that the podcast could not use such language against a person.
“Suppose they said you are a blackmailer, would you take it lightly?” the judge asked.
Court Calls ‘Blackmailer’ Remark Derogatory
The judge stressed that reputational standing did not give anyone the right to use language that could damage another person’s reputation.
“Here are two persons who have got a repute. You think we don't understand this? Defendant maybe a person of repute, we are not disputing it but surely you cannot use a word like blackmailer, for anybody for that matter unless a person is held to be that. It is absolutely derogatory,” the judge said according to the report.
Following the court’s observations, Garg’s counsel said the podcaster would be asked to mute the relevant portion of the video. Moitra’s counsel also confirmed that she would remove her post.
Garg’s counsel submitted that his client had been discussing gross domestic product (GDP) figures and had made the remarks only after Dubey allegedly made personal comments against him.
The dispute arose after Garg allegedly described Dubey as a “blackmailing kind of person” during a podcast or interview with Shalini Kapoor Tiwari on September 17. The recording was subsequently circulated on YouTube, Facebook and other digital platforms.
Moitra later shared a video of Garg on X with the caption, “Ye fake degree kism ke Aadmi hai.”
Dubey’s Legal Notice Alleges Defamation
Dubey sent a legal notice to Garg on September 21 over the alleged remarks, claiming that they had damaged his reputation as an elected public representative, the report added.
According to the notice, the statements contained two allegations: that Dubey resorted to blackmail to get his way and that he had approached Garg seeking to use his position to obtain a favour from the chairman of the Life Insurance Corporation of India (LIC).
The notice alleged that the claims were false, baseless and malicious. It argued that describing a sitting MP as a “blackmailer” imputed criminal and dishonest conduct, while the allegation that he sought favours from senior officials suggested an abuse of his position and influence.
It further contended that the constitutional guarantee of freedom of speech and expression under Article 19(1)(a) does not extend to defamation, and that the right to reputation is an integral part of the right to life and personal liberty under Article 21.
The notice also argued that the circulation of the podcast, along with subsequent uploads, excerpts and reposts, had aggravated the alleged damage to Dubey’s reputation.
