Delhi HC records Mahua Moitras statement to delete tweet against Nishikant Dubey, Garg to seek removal of podcast remark

Justice Tushar Rao Gedela officially recorded the undertakings given by the defence counsel and issued formal summons to both Mahua Moitra and Subhash Chandra Garg in the defamation suit. The High Court will further consider the substantive positions and written replies of the respective parties as the defamation proceedings progress.

Moitra agreed to delete her tweet describing Dubey as a "fake degree kism ke aadmi", while Garg agreed to contact the podcaster to request that the portion of the video where he referred to Dubey as a "blackmailing kism ke aadmi" be blocked/removed.

During the hearing, the court strongly objected to the "intemperate and absolutely derogatory" language used against Dubey. It recorded undertakings from both Moitra and Garg to take down and block the objectionable social media post and podcast segment.

Presiding over the matter, Justice Tushar Rao Gedela expressed strong disapproval of the remarks made against the sitting MP, particularly objecting to Garg referring to Dubey as a "blackmailer" during a recent podcast.

Highlighting the gravity of publicly making such characterisations, Justice Gedela remarked, "If they [Dubey] said you [Garg] are a blackmailer, will you take that lightly? We are not on why someone asked you [the question]. We are not denying you the opportunity to file a reply. These are two persons who have got a reputation. You think we don't understand this? You can't use a word like blackmailer for any person."

The judge added that the court could record its objection in writing, noting that while other political criticisms were debatable, labelling an individual a "blackmailer" crossed the line of acceptable commentary.

Following the courts sharp observations, advocate Samudra Sarangi, representing both Garg and Moitra, agreed to obtain instructions and informed the bench of their decisions. However, he clarified that Moitra reserves her legal right to independently challenge and question his educational qualifications.

The legal battle stems from comments made by former Finance Secretary Subhash Chandra Garg during a podcast discussion centred on Indias gross domestic product (GDP) figures.

Explaining the context of Gargs remarks to the bench, advocate Samudra Sarangi said,"I did not engage with him. I am in a podcast, and I have some comments about the GDP numbers. Then a question comes, and I give background as to why this man has personal animus against me, and that dates back to 2018."

Sarangi argued that Gargs statement provided historical background regarding past interactions with Dubey and argued that Dubey would need to prove why his version warrants greater weight at the interim relief stage."It is his affidavit versus my affidavit. He must show that he has some extra credibility."

Addressing Moitras social media post, Sarangi emphasised that the dispute between the TMC MP and the BJP MP was inherently political in nature and argued that placing Dubey's educational credentials on record would resolve allegations regarding his degree. (ANI)