Delhi High Court Issues Summons To Abhijit Iyer Mitra After Newslaundry Seeks To Continue Defamation Suit For His "Absolute Lack of Remorse"

The Delhi High Court on Monday (May 26) issued summons to commentator Abhijit Iyer Mitra in a defamation suit moved by nine women employees of digital news platform Newslaundry against Mitra concerning his posts on 'X' which is stated to refer to them as 'prostitute'. 

The women journalists are Manisha Pande, Ishita Pradeep, Suhasini Biswas, Sumedha Mittal, Tista Roy Chowdhury, Tasneem Fatima, Priya Jain, Jayashree Arunachalam and Priyali Dhingra. Newslaundry is also one of the plaintiffs in the suit.

Pursuant to the hearing last week, Mitra had taken down the posts in question. After some hearing today, the court had passed over the matter for plaintiffs' counsel to seek instructions if the plaintiffs' wanted to continue with the suit, or if it can be disposed of. When the matter was called in the pass over stage the counsel submitted that the plaintiffs' wanted to continue with the suit, pursuant to which the court issued summons. 

When the matter was taken up at the pass over stage advocate Bani Dixit informed Justice Purushaindra Kumar Kaurav that her instructions were clear wherein the plaintiffs' wanted to proceed with the defamation suit. 

Opposing this, senior counsel appearing for Mitra submitted that all the tweets have been deleted, and pressed for the matter to be dismissed. He further sought some time. 

The court however said, "you have to stick to the point….Today we can't look at your WS. Since defamatory material has been taken down, what remains is point of compensation". 

It thereafter in its order dictated:

"Heard counsels for plaintiffs. At this stage, counsel for Plaintiffs submit that except one of the defamatory posts, the remaining have been taken down by defendant no 1(Mitra). The senior counsel for defendant no 1 submit that as per instructions, even alleged post has also been taken down. Statement is taken on record. Plaintiffs counsel submit that the civil suit seeks for injunction and compensation or damages. Having considered the nature of submissions, the court deems it appropriate to direct for issuance of summons. Issue summons".

Granting the defendants liberty to file written submissions, the court noted submissions by senior counsel for Mitra, that the cause in the suit no more survives. He said that the posts have been taken down by Mitra and defended that the posts are not defamatory.

"The said aspect will be adjudicated at the time of submissions. Interim order to remain in force. In the meantime any further defamatory statement or content is published by defendant no 1, the plaintiffs will be at liberty to file appropriate application," the court added. 

Earlier during the hearing today, Dixit submitted that though six posts have been removed after last order, two posts are still being circulated. Dixit also pointed the posts to the court. 

Notably on the previous hearing, the high court had refused to hear Mitra till he took down the posts in question. The journalists allege that Iyer posted sexually abusive social media posts against them on X, referring to them as 'prostitute' and their workplace as a 'brothel'.

Upon perusal of the tweets, Justice Kaurav had then orally remarked, "Can you defend these articles? These kind of languages, whatever may be the background, can this kind of language against women be permissible in the society?...You must take down this. Then only we will hear you." During the hearing last week, Mitra's counsel had agreed to take down the posts. 

Today Dixit appearing for the plaintiffs' said that after the court's direction that there had been "absolute lack of remorse" on Mitra's part. The court however said that if the plaintiffs' have any further grievance they can bring it by way of affidavit.

However at this stage Mitra's counsel said that there is full compliance of the order. To this the court said that Dixit had specifically pointed to one of the posts.

Dixit further said, "If they have deleted in the course of the day then..." To this court asked that once these posts are deleted,what remained in the matter. Dixit however said that there should be no further publications.

The court meanwhile at this stage orally said, "The defendant himself came forward, he realized that he did wrong and he himself undertook to delete. There was no injunction order. Since posts have been deleted, liberty can be given. As and when something happens, you can come back". 

Dixit highlighted that there was a post by Mitra on the court order, however the Court said that it will not go into it.

Meanwhile the Senior counsel appearing for Mitra said that the plaintiffs' application should be dismissed with costs and that there "should be investigation" against the channel. 

The Court however orally said, "You have remedy for that. Today we are putting it to other side, since posts have been deleted, now henceforth since you realize where lakshman rekha lies, I think your client will understand. I don't think there remains something to be adjudicated". 

Senior counsel submitted that Newslaundry is the "most insinuated channel" and "they had cast insinuation about Prime Minister relationship with Italian Prime Minister". 

The court however said that as long as the posts are within right to speech, they are entitled. At this stage the court indicated orally that it is inclined to dispose of the suit. 

Title: Manisha Pande and Ors v. Abhijit Iyer Mitra and Anr.