The Delhi High Court on Friday imposed a cost of ₹25,000 on Bharatiya Janata Party (BJP) leader Shazia Ilmi for suppressing key facts in her ongoing defamation suit against senior journalist Rajdeep Sardesai.
Justice Manmeet Pritam Singh Arora passed the order while partly allowing Ilmi’s application for interim relief but noted that the BJP leader had intentionally withheld two tweets forming part of the same thread she had relied upon.
“Since the Plaintiff had wilfully suppressed two (2) tweets which formed part of the same conversation thread of which the Impugned Quote Tweet was part of and therefore, the Plaintiff is saddled with the cost of Rs. 25,000/- payable to Delhi High Court Bar Clerks’ Association, through the Secretary within a period of three (3) weeks,” the Court said.
VIDEO TAKEDOWN UPHELD FOR PRIVACY VIOLATION
The Court confirmed an earlier interim order requiring the removal of an 18-second video clip, which depicted a confrontation between Ilmi and a video journalist after she exited a live debate on India Today.
“The contention of the Plaintiff that recording and publishing the impugned video (vis-à-vis 18 seconds after she withdrew from the live debate and moved out of the shooting frame) violates her right to privacy is duly made out in the facts of this case,” the Court held.
“The Plaintiff did not consent to the said recording… Therefore, the Defendants No.1 and 2 could not have recorded or used the said portion of the impugned video… The order dated 13.08.2024 directing removal of the impugned video is hereby confirmed till the disposal of the suit.”
ILMI’S CLAIMS OF MODESTY OUTRAGE AND VIDEO TAMPERING REJECTED
Ilmi had alleged that her modesty was outraged by the journalist’s conduct and that the video was doctored — claims which were dismissed by the Court.
“The allegation of the Plaintiff with respect to the first 22 seconds of the impugned video stating that it outrages her modesty is an afterthought,” the Court noted.
“Firstly, the Plaintiff did not object to/raise the said grievance in the Suppressed Tweet No.1… Secondly, the video footage was telecasted on National Television contemporaneously on the date of the live debate.”
SARDESAI’S TWEET PARTIALLY JUSTIFIED, SAYS COURT
The Court analyzed Sardesai’s tweet, in which he stated that Ilmi had “chucked the mic” and “thrown the journalist out of her house”. It ruled that these specific phrases should be struck down, finding them unjustified.
However, the remainder of the tweet, which said “abuse our journalist” and “no excuse for bad behaviour”, was allowed to stand as it appeared to have some prima facie basis.
TWEET NOT PROTECTED UNDER JOURNALISTIC CONDUCT
The Court emphasized that Sardesai’s tweet was not protected under the journalistic code, as it constituted a personal opinion rather than news reportage.
“This Court finds that the Impugned Quote Tweet of Defendant No. 1 would not be covered by the Norms of Journalistic Conduct… it was in the nature of a personal comment vis-à-vis the Plaintiff,” the order said.
BACKGROUND OF THE DISPUTE
The matter dates back to July 26, 2024, during a televised debate on the Agnipath scheme, hosted by Sardesai on India Today. Ilmi clashed with retired Major General Yash Mor, and exited the debate after a heated exchange.
Later that evening, Ilmi tweeted:
“Remember I have been on both sides and know how to handle bullies like you. BTW it doesn’t behoove political propagandists masquerading as journalists to sermonize.”
In response, Sardesai shared a video on X and wrote:
“If you have a grouse with me or with an army general on the show… that’s your prerogative. But for you to chuck the Mike and abuse our video journalist and throw him out of your house is just NOT done. He was only doing his job. No excuse for bad behavior.”
Ilmi subsequently moved the Court alleging privacy breach and defamation. In August 2024, the Court had already issued an order requiring the removal of the impugned video.
LEGAL REPRESENTATION
FOR SHAZIA ILMI: Advocates Natasha Garg and Thakur Ankit Singh
FOR RAJDEEP SARDESAI & INDIA TODAY: Senior Advocate Prashanto Sen with Hrishikesh Baruah, Anurag Mishra, Utkarsh Dwivedi, and Mashu Bishnoi
FOR OTHER RESPONDENTS: Advocates Varun Pathak, Yash Karunakaran, Tanuj Sharma, and Sauhard Alung
