Lyricist Javed Akhtar has sought dismissal of the defamation suit filed by a Rashtriya Swayamsevak Sangh (RSS) worker, accusing him of comparing RSS and Vishva Hindu Parishad (VHP) with the Taliban during a television interview.
Akhtar filed the applications under Order 7 Rule 11 of Civil Procedure Code in RSS worker Vivek Champanerkar's suit.
The Joint Civil Judge Senior Division Thane has now sought Champanerkar's response to the application and posted the matter for hearing on February 10, 2022.
According to Akhtar's application the plaint should be dismissed as Champanerkar neither has the locus or cause of action in his favour for the suit to be maintainable.
In the application filed through Advocate Jay Bharadwaj, Akhtar says that the alleged remarks are neither specific to RSS nor to a member of the party. The remarks are general in nature.
According to the plaintiff's own admission the remarks were directed towards people who would like to join the RSS which is an indeterminable group of persons, the application adds.
"It is settled position of law that when the alleged defamation is made towards an un-identifiable class of persons, then it does not amount to defamation at all. (G Narsimhan vs TV Chokkappa)," the application states.
"However reprehensible and unjustifiable the words complained of may be, they must to be, actionable [against] some particular person or persons whose identity can be established. Even in case of an imputation against an association or collection of persons, it must be an imputation capable of being brought home to a particular individual or collection of individuals, whose identity can be established. (Government Advocate vs Gopal Bandu Das, referred in Asha Parekh case)," it adds.
Moreover, assuming the remarks were against a particular class of people, the plaint should have been filed by them and not the complainant in his individual capacity, it is contended.
Akhtar has cited parts of the suit in which the plaintiff says that he was compelled to file the suit as RSS was defamed.
Background
The civil defamation suit was filed by the RSS activist through Advocate Aditya Mishra and Advocate Swapnil Kale at Thane civil court in September, 2021.
The plea read, "The plaintiff states he has been hurt by the defendant's defamatory statement to tarnish the image of plaintiff's organisation and hence he is in loss of rupee one for which the defendant is liable to compensate him."
