Journalist Rajdeep Sardesai Moves Delhi High Court Against Single Judge Ruling In Defamation Case By BJP Leader Shazia Ilmi

Journalist Rajdeep Sardesai on Friday moved an appeal before the Delhi High Court against a single judge ruling granting partial relief to BJP leader Shazia Ilmi in her defamation case over a video posted by Sardesai on 'X'— alleging that she abused a video journalist of India Today during a televised debate.

The single judge had confirmed an earlier order passed in August last year, directing Sardesai to remove the video.

A division bench comprising Justice Navin Chawla and Justice Renu Bhatnagar simply renotified the appeal to July first week due to heavy board and it being the last working day before summer break.

Senior Advocate Rajiv Nayar appeared for Sardesai. The Court permitted Nayar to file the impugned video in a pen drive.

“List on…. The senior counsel appearing for the appellant may file the impugned video on record,” the Court said.

The controversy arose after Ilmi took part in a debate on India Today news channel last year on Agniveer scheme row. However, she left the debate midway claiming that her mic was cut-off with an intent to censor her.

Sardesai posted the video and made a tweet stating that to chuck the mike and allegedly abusing the video journalist by Ilmi and throwing him out of her house was just not done. He also said that the video journalist was only doing his job.

About Single Judge Order

In its ruling, the single judge had observed that recording and publishing the part of the video, wherein Ilmi is seen withdrawing herself from the live debate and moving out of the shooting frame, violated her right to privacy. It further said that Sardesai could not have recorded or used the said portion of the video in absence of Ilmi's express consent.

However, Rs. 25,000 costs was imposed on Ilmi for willfully suppressing two tweets made by her, forming part of the same conversation thread of which Sardesai's tweet was part of.

On Sardesai, the single judge said that he can retain the first part of the text portion of his quote tweet as there was no objections raised by Ilmi qua the said text portion.

It added that Sardesai's comments in the second part of his tweet, i.e., abuse our video journalist and no excuse for bad behaviour, can be retained by him as the same were protected by defence of truth, being substantially correct.

It further said that after moving out of the shooting frame, Ilmi was in the comfort and privacy of her home, a space where she had a reasonable expectation of being undisturbed and not being seen by public without her consent.

The single judge recognized Ilmi's right to privacy and to be left alone qua the said portion of the video and said that her consent to record her video in her house as a part of the participation in the live debate came to an end the moment she withdrew herself from the live debate and walked away from the chair and shooting frame.

Furthermore, the Court had said that Sardesai's comment “chuck the mike” cannot be said to be substantially correct as it was without any basis and contrary to the video footage.

It added that since Sardesai is a reputed Journalist with large number of followers, the tendency of the reader to believe the accuracy of his comment would be higher. The Court said that the impact of Sardesai's tweet was certainly significant as was evident from the rapid traction that the said comment got with other news agencies.

It further said that Sardesai's tweet would not be covered by the Norms of Journalistic Conduct as it was not being published as a journalistic piece of news and was in the nature of his personal comment qua Ilmi.

Title: Rajdeep Sardesai v. Shazia Ilmi