The District Court ordered an injunction on publishing a book on AsaramBapu. But the Delhi High Court set aside the order and allowed Harper Collins to go ahead with its book. Justice Najmi Waziri was of the opinion that the book was protected under freedom of speech and expression and that the district court did not take into account the disclaimer present in the book. He also said that the publication should not be stopped as already 5000 books have been printed.
Senior Advocate DevadattKamat argued that it is to the court to decide if it would take into consideration 5000 printed books or the reputation of the Respondent which would be adversely affected if the book is published.
Replying to Mr. Kamat, Sr Adv Sibal pointed out that maybe on the publication the reputation of Respondent/Plaintiff will be affected. But if she is aggrieved, she can file a suit for defamation.
The court thus adjourned the hearing for some time and asked the parties to reach a mutual settlement.
The parties could not settle the matter.
Kamat assisted by several advocates referred to the order passed by the High Court against the movie Batla House and claimed that if the book will be available in the market it would cause prejudice to the appeal and the reputation of the Respondent will be tarnished forever.
The order is likely to be released on the High Court website.
