Justice Tushar Rao Gedela Suggests Mediation in Defamation Dispute

On Thursday the Delhi High Court referred a defamation suit filed by journalist Anjana Om Kashyap and TV Today Network against Faisal Khan, popularly known as Khan Sir, and other educators to mediation. Justice Tushar Rao Gedela, who was hearing the matter, observed that the damage alleged by the plaintiff had already occurred and that the parties could now only attempt to salvage their positions. He therefore urged the sides to consider an amicable resolution and listed the case for mediation later that day at 4 p.m.

During the hearing the judge remarked that the parties appeared willing to explore settlement terms provided a senior mediator could be appointed. He noted that the dispute could be resolved without further litigation if the parties agreed to discuss the specific expressions that each side found objectionable.

Advocate Hrishikesh Baruah, representing Kashyap and TV Today, pressed for an injunction, contending that the social media posts made by the educators were wholly defamatory. He argued that the remarks went beyond legitimate criticism and caused reputational harm to the journalist. The court, however, questioned why the parties had not already settled the matter, suggesting that the controversy might have arisen from a reaction to Kashyap’s earlier comments.

Justice Gedela remarked that criticism must be maintained at a decent level and that the educators’ language appeared to be a response to what Kashyap had said, though they might have avoided using certain expressions. He indicated that if the offending portions were omitted, the situation could be ameliorated. The judge also observed that discussion of politics is a common practice and that everyone, irrespective of expertise, engages in political discourse.

Baruah further submitted that Khan Sir had disclosed the school where Kashyap’s children study and that the journalist had received life threats as a consequence. He contended that such disclosure was irrelevant to the defamation claim and should be removed, emphasizing that educators should not involve personal details of a journalist’s family in their remarks. The court responded by asking Khan Sir’s counsel to ensure that any reference to the journalist’s children be expunged from the public statements, noting that the educators, as academicians, should refrain from bringing family matters into the debate.

In reply, counsel for Khan Sir agreed to remove the disclosure concerning the journalist’s children but countered that Kashyap must also cease making remarks that the educators considered defamatory. The court then directed the legal representatives of both sides to confer and attempt to resolve the dispute by focusing on the specific words or phrases that each party found objectionable.

The underlying controversy stemmed from a live debate on the NEET examination system, during which Kashyap allegedly described certain online teachers as “frauds” and “explainers” who were primarily chasing views. Following this, Kashyap and TV Today filed a defamation suit seeking damages of Rs 2 crore and the removal of comments such as “bikau partaker”, “chatukar”, “dalaali”, and “fake news dukaan” that were attributed to Khan Sir and his associates. The court has scheduled the next hearing for July 9 to await the outcome of the mediation proceedings.

The referral to mediation reflects the bench’s preference for a settlement that avoids prolonged litigation, particularly where the parties have indicated a willingness to discuss the contested statements. The order underscores the court’s view that, while the alleged defamatory content may have caused harm, the parties possess the capacity to address the issue through dialogue and the removal of specific objectionable material.