New Delhi: The Delhi High Court has imposed a cost of Rs 25,000 on BJP spokesperson Shazia Ilmi in a defamation suit she filed against journalist Rajdeep Sardesai and others. The court’s decision stems from Ilmi’s “wilful suppression” of two crucial social media posts related to the incident that sparked the legal battle.
The case revolves around a video posted by Sardesai on July 27, 2024, showing Ilmi removing her mic and walking out of a TV debate. Sardesai’s post alleged that Ilmi had verbally abused an India Today cameraman during the incident. Ilmi, in her suit filed in August, claimed the video was doctored, defamatory, and an invasion of her privacy. She sought a permanent injunction against the video and damages.
Justice Manmeet Pritam Singh Arora, presiding over the case, ruled that Ilmi had failed to disclose two relevant posts from the same conversation thread as Sardesai’s post, leading to the imposed cost. She is directed to pay the amount to the Delhi High Court Bar Clerks’ Association.
The court also addressed the contentious issue of “trial by social media,” stating that the use of an 18-second video clip of Ilmi walking away from the debate, without her consent, by Sardesai and India Today was “impermissible in law.” This portion of the ruling upheld a previous order to take down the video.
However, Justice Arora dismissed Ilmi’s claim that the video was doctored, citing a lack of substantiating evidence. The court-appointed IT local commissioner also found no positive indication of tampering. The court further ruled that Sardesai’s comments, accusing Ilmi of verbal abuse, could be retained, as they were “protected by defence of truth, being substantially correct.”
Regarding Ilmi’s claim that the video recording of her removing the microphone outraged her modesty, the court deemed it an “afterthought.” Justice Arora noted that Ilmi did not instruct the cameraperson to stop recording before removing her mic, suggesting that she implicitly consented to the initial recording.
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The court did acknowledge Ilmi’s right to privacy in the 18-second clip showing her walking away, stating that “trial by social media” in this manner was unacceptable. The ruling highlights the delicate balance between freedom of speech and the right to privacy in the digital age.
