Delhi Court summons Sudarshan news MD Suresh Chavhanke and others in defamation case [Read Order]

New Delhi: A Delhi court recently summoned Sudarshan TV Channel and six others, including Sudarshan News’ chairman and managing director (CMD), Suresh Chavhanke, in a defamation case. The defamation complaint was filed by Mohd Tufail Khan, who runs an NGO and a madrasa named Jamia Arabia Nizami Welfare Educational Society. Khan stated that his society provides shelter, food, and education to about 70 orphans.

Metropolitan Magistrate Kartik Taparia of Saket Court made important observations while issuing summons under Sections 500/501 of the Indian Penal Code. The court observed, “From the material placed on record and the pre-summoning evidence led by the complainant, it prima facie appears that the tweet published by accused No. 1, the act of accused No. 2 by calling the complainant ‘Bangladeshi’ in front of several people, and the interviews given by accused Nos. 1, 3, and 4 are prima facie defamatory.”

The case involves multiple instances of alleged defamation, including a tweet dated August 29, 2022, alleging “anti-national activities” and “illegal funds,” as well as two television shows aired on April 12, 2023, which allegedly made defamatory statements against the complainant’s institution.

The court emphasized the legal standard for summoning, stating, “The test was whether there was sufficient ground for proceeding and not whether there was sufficient ground for conviction.”

After reviewing video evidence, thumbnails, and transcripts, the court found sufficient prima facie material to proceed against all accused parties, including the news channel, its director, and its managing director.

In the order dated October 19, the judge said, "I have seen the videos, the links of which are provided by the complainant in the complaint. I have also gone through the transcripts of the interview as provided by the complainant. "From the material placed on record and the pre-summoning evidence led by the complainant, it prima facie appears that the tweet published by accused no.1, the act of accused no. 2…, and the interviews (given by three accused)… are prima facie defamatory," the judge said.

“Hence, I am satisfied that there is sufficient material to summon the accused persons under sections 500 (punishment for defamation) and 501 (printing or engraving material known to be defamatory) of the Indian Penal Code (IPC). Issue summons to all the accused persons…,” the judge said.

The matter has been listed for the next hearing on January 31, 2025.

Case Title: Mohd Tufail Khan v. Mufti Wajahat Qasmi & Ors.

[Read Order]