The Delhi High Court on Monday dismissed a complaint filed by a man against a business daily and a journalist, Mitali Saran, over an article, which he claimed contained “some defamatory insinuations” against the Rashtriya Swayamsevak Sangh (RSS).
Justice Suresh Kumar Kait said Lohitaksha Shukla, an advocate, has not been able to show as to how he is the “person aggrieved” in the present case. “..thus, the contents of complaint suffers from vices of illegality or infirmity,” the court said, adding: “...no hesitation to hold that the complaint in question is not maintainable and is liable to be dismissed”.
Mr. Shukla had alleged that the article titled — The Long and Short of it — is not based on facts and contains some defamatory insinuations against RSS. He said the article had contents that “accused members of RSS being oppressive to Indians, mentally disturbed and disrespectful to Indian National Symbols ridden with psychosexual complexes, practitioners of discrimination based on caste and physically unfit”.
Mr. Shukla also said being a member of RSS, his reputation has been adversely affected. On the other hand, Ms. Saran claimed her literary style involves using satire, irony and humour to comment on the latest political and social developments. She argued that Mr. Shukla has not established that he was authorised by the RSS to file the complaint on its behalf or that he holds any post in the RSS.
The court said: “In the present case, Mr. Shuklahas not led any evidence to establish how his reputation was harmed as a result of the said article”.
