The Supreme Court on Monday directed the Isha Foundation, led by spiritual leader Jaggi Vasudev, to approach the Delhi High Court with its plea seeking to restrain Tamil media outlet Nakkheeran Publications from publishing alleged defamatory content against it.
A bench comprising Justices Surya Kant and Joymalya Bagchi passed the direction while also allowing Nakkheeran to withdraw its transfer petition, which sought to move the ongoing defamation case from the Delhi High Court to a Chennai court. The top court observed that the grounds raised by the publication in support of the transfer were essentially arguments on the maintainability of the suit — which should be addressed before the high court.
With the withdrawal of the transfer petition, the apex court also said that the Isha Foundation’s application for interim relief — seeking to restrain further publication of alleged defamatory material — should also be decided by the Delhi High Court.
Senior advocate Mukul Rohatgi, appearing for the Isha Foundation, alleged that Nakkheeran had recently gone as far as accusing the foundation of involvement in organ trade. “We are a reputed organisation and have several followers worldwide. This cannot go on and on,” Rohatgi submitted.
He urged the court to consider the irreparable harm such claims cause in the digital era. “Our application is to stop the publication from carrying on this defamatory campaign… we are a charitable organisation with disciples all across the world. Today, in the era of social media, these contents go on and on.”
Senior advocate R Balasubramanian, representing Nakkheeran, agreed to withdraw the transfer petition following the court’s observations.
The case stems from a defamation suit filed by the Isha Foundation in the Delhi High Court, seeking damages and injunctive relief against Nakkheeran Publications for allegedly publishing content that maligned its reputation. The foundation has claimed that such content harms its global credibility and mission.
The Supreme Court had earlier agreed on July 16 to hear Isha Foundation’s plea for interim restraint against the publication. Monday’s order, however, redirects both parties to resolve their legal contentions before the Delhi High Court.
