Defamation case: Delhi HC refuses to accept TMC Saket Gokhale's sealed cover apology

New Delhi: The Delhi High Court has refused to accept the apology of TMC MP Saket Gokhale in a sealed cover over a plea of former diplomat Lakshmi Murdeshwar Puri and said he has "tarried and procrastinated" but not complied with its verdict.

Justice Anish Dayal, in a May 9 order, directed the TMC MP to publish an apology on his X handle, from where he posted contentious tweets, aside from a prominent english daily within two weeks.

The court was hearing Puri's contempt plea against Gokhale for defying its July 1 2024 judgment restraining him from publishing any more content on social media or electronic platforms and directing him to apologise to her and pay Rs 50 lakh damages.

"... in the opinion of this court, there is no reason why the court should take the apology in a sealed cover and then wait for the result of an appeal against the dismissal of Order IX Rule 13 CPC application, as and when the appeal is filed and adjudicated," it said.

The high court added, "Considering that the decree was passed in July 2024, no challenge was preferred in the statutory period, the challenge which was finally preferred was dismissed with a detailed judgment, and the respondent has simply tarried, lingered and procrastinated, but still not complied with the judgment/ decree."

Gokhale, the court observed, was a parliamentarian and a reputed member of the society, and more than 10 months had passed but till date there was no order secured from the court impeding the compliance of the July 2024 judgment.

"Accordingly, the proposal of placing the apology in a sealed cover is rejected and the apology as directed by the judgment/decree shall be published within the next two weeks, in the manner decreed," it said.

Regarding the aspect of wilful disobedience of the order, the court said they should be considered subsequently after hearing the parties.

Puri moved the high court in 2021, alleging Gokhale tarnished her goodwill and reputation by making reckless and false allegations about her financial affairs in the context of an apartment that she owned in Geneva.

On July 1, 2024, the high court restrained the TMC MP from publishing any more content on social media or electronic platforms.

It said damages of Rs 50 lakh should be paid to Puri within eight weeks aside from his apology that would be retained on Gokhale's X handle for six months from the date of publishing.

The order was passed on the defamation lawsuit filed by the former assistant secretary general of the United Nations.

Gokhale thereafter filed an application seeking recall of the judgment but the coordinate bench of the high court on May 2 refused to recall the verdict and also junked his plea to condone a delay of over 180 days in seeking the relief.

Another coordinate bench of the high court on April 24 attached a portion of Gokhale's salary as an MP in connection with the case.

While dealing with a plea seeking execution of the July 2024 judgment, the court said Gokhale, who was directed to not only apologise to Puri but also pay damages, did not give any reasonable explanation for not depositing the amount.

Puri, in her contempt plea, said Gokhale wilfully and deliberately non-complied with the high court's July 1, 2024 directions and was liable to be punished and accused him of playing with the court and defying judicial orders.

Her counsel said the TMC leader was well aware of the July 2024 judgment and had published posts on his social media handle where he again made defamatory assertions not just against Puri but also against the court.

The "roving allegations" insinuating financial impropriety were "actually targeting" BJP leader Hardeep Singh Puri and it was "extremely irresponsible" of Gokhale to have published the "derogatory content" without due verification, the court had observed.

Puri sought Rs 5 crore in damages from Gokhale, to be deposited in the PMCARES fund. She also sought the tweets to be taken down.