BEFORE THE HON’BLE HIGH COURT OF NEW DELHI

IN THE MATTER OF:-

BABA SATYANAND APPELLANT

SILBIL MAGAZINE
RESPONDENT

WITH

AMARCHAND APPELLANT

SIBIL MAGAZINE
RESPONDENT

WITH

SIBIL MAGAZINE APPELLANT

MEMORANDUM ON BEHALF OF THE PETITIONER

NAME OF PETITIONER:-

NIMA MERIYAM KOSHY-47118551042

AMRUTHA RAVI -47118551008

ANAMIKA-47118551010

TABLE OF CONTENTS

Page | I
MEMORIAL ON BEHALF OF APPELLANT
CONTENTS
TABLE OF CONTENTS................................................................................................................II
LIST OF ABBREVIATIONS........................................................................................................III
TABLE OF AUTHORITIES..........................................................................................................V
CASES........................................................................................................................................V
books...........................................................................................................................................V
Dictionaries................................................................................................................................VI
websites......................................................................................................................................VI
statues.......................................................................................................................................VII
article........................................................................................................................................VII
STATEMENT OF JURISDICTION..........................................................................................VIII
STATEMENT OF FACTS............................................................................................................IX
STATEMENT OF ISSUES...........................................................................................................XI
SUMMARY OF ARGUMENTS.................................................................................................XII
ARGUMENTS ADVANCED.........................................................................................................1
i. Whether the publication of parody led to defamation of Baba Satyanand or not?.......................1
[1.1.A] The statement is false...................................................................................................1
[1.2.B] The statement is in writing...........................................................................................1
[1.3.C] The statement is defamatory........................................................................................1
[1.4 D] the statement must refer to the plaintiff/appellant.......................................................2
[1.4.e] The statement is published............................................................................................3
1.2 ACTUAL MALICE..........................................................................................................3
1.3. PUBLICITY RIGHT (MISAPPROPRIATION OF IMAGE, LIKENESS).........................4
ii. WHETHER THE DAMAGES GIVEN BY DISTRICT COURT WERE APPROPRIATE OR
NOT?...............................................................................................................................................6
iii.WHETHER THE PERMANENT INJUNCTION FOR STOPPING THE CIRULATION OF
SILBIL MAGAZINE SHOULD BE GRANTED OR NOT?..........................................................9
PRAYER........................................................................................................................................12

LIST OF ABBREVIATIONS

II | P a g e
AIR ALL INDIA REPORTER

ALL ALLAHABAD HIGH COURT

Cal CALLCUTTA HIGH COURT

Cri LJ CRIMINAL LAW JOURNAL

Del DELHI HIGH COURT

Ed. EDITION

Guj GUJRAT HIGH COURT

IPC INDIAN PENAL CODE

IC INDIAN CASES

Mad MADRAS HIGH CORT

n. FOOT NOTE NO.

Ori. ORISSA HIGH COURT

p. PAGE NO.

P&h PUNJAB & HARYANA HIGH COURT

Pat PATNA HIGH COURT

Raj RAJASTHAN HIGH COURT

Sc SUPREME COURT

SCC SUPREME COURT CASES

SCJ SUPREME COURT JOURNAL

SCR SUPREME COURT REPORTER

III | P a g e
Sec. SECTION

v. VERSUS

IV | P a g e
 TABLE OF AUTHORITIES

CASES

Amar nath Sehgal v Union of India 2005(30)PTC253Deil..........................................................18

Belt v Lawes , (1882) 9 B&C........................................................................................................11
Explanation 2 of IPC 1860............................................................................................................12
Haelan laboratories v. Toppschewing gum 1997(QB)586............................................................17
Haywardv. Thompson(1981) 3 All ER 450(458) (CA)................................................................12
Imperial Gaslight & Coke co. Vs Broadbent8QBD 491(1882).....................................................21
Lewis v. Daily Telegraph Ltd. [1964] A.C. 234 at 258 , per Lord Reid.......................................12
Moulvie Ghulam Hossein, Vakeel v. Hur Gobind Doss, Tushildar, 1 W. R., 19 ;........................19
Ntabgoba v. Editor-in-chief of the New Vision & Another [2004] 2 EA 234..............................17
Ogilvie v. The Punjab Akhbharat& Press Co. , (1929) ILR 1 1 Lah 45........................................13
Scott v. Sampson333S.W.2d220(1960).........................................................................................11
Sekh sajahan v. Shebaits of pir Gorachand AIR 2005 Cal 178.....................................................20
Sourav Gangulyv. Tata Tea Ltd (1999).........................................................................................15
Sreenath Mookerjee v. Komal Kurmokar, 16 W. R., 83 ;Kalee Coomar Mitter v. Ramguttee
Bhuttacharjee, 16 W. R., 84, note..............................................................................................19
Uhlaender v. Henrickson 31F. Supp. 1277D Minn. (1970 )..........................................................14

BOOKS

DESAI, 1 LAW OF INJUNCTIONS (DR. S.K. AWASTHI ED., 3RD ED. DWIVEDI & 2011).

DURGA DAS BASU, LAW OF THE PRESS (MR.J.B.P BANARJEE ED., 5TH ED. 2010
LEXIS NEXIS 2010).

MADHAVI DIVAN, FACETS OF MEDIA LAW (1ST ED. EBC PUBL'G LTD 2006).
V|Page
DURGA DAS BASU, INDIAN CONSTITUTION LAW (3RD ED. KAMAL LAW HOUSE
2011).

WIENFIELD & JOLOWICZ, WIENFIELD & JOLOWICZ ON TORT (W.V.H. ROGERS,16TH

EDITION,2002)

JENNY STEELE, TORT LAW(2007)

RATANLAL &DHIRAJLAL, THE LAW OF TORTS (JUSTICE G.P. SINGH, 24TH EDITION
,2004)

RAMASWAMY IYER, THE LAW OF TORTS (A.LAKSHMINATH &M. SRIDHAR, 10TH

EDITION,2007)

P.S.A. PILLAI,LAW OF TORT (AVATAR SINGH,9TH EDITION,2004)

DICTIONARIES

BLACK'S LAW DICTIONARY (Bryan A. Garner ed., 8th ed. W. Publishing co. 2004).

OXFORD ENGLISH DICTIONARY(2ND EDITION ,2009)

WBSTER’S NEW INTERNATIONAL DICTIONARY(1926)

WEBSITES

1. http://www.findlaw.com

2. http://www.judis.nic.in

3. http://www.manupatra.co.in/AdvancedLegalSearch.aspx

4. http://www.scconline.com

VI | P a g e
STATUES

Specific relief act 1963(Act 47 of 1963)

ARTICLE

1.Cass R. Sunstein, Hard Defamation Cases, 25 Wm. & Mary L. Rev. 891 (1984).

2. Nicole McLaughlin, Spectrum of Defamation of Religion Laws and the Possibility of a

Universal International Standard, 32 Loy. L.A. Int'l & Comp. L. Rev. 395 (2010).

VII | P a g e
 STATEMENT OF JURISDICTION

The appeals have been filed under Part VII [Appeals from Original Decrees], Section
96(1) of Civil Procedure Code (CPC), 1908 which reads:

”Save where otherwise expressly provided in the body of this code or by any other Law
for the time being in force, an appeal shall lie from every decree passed by any court
expressing original jurisdiction to the court authorized to hear appeals from the
decisions of such court.”

VIII | P a g e
 STATEMENT OF FACTS

1. That Baba Satyanand is a well-known religious leader and preacher in India. He is a

public figure and his influence is so strong that his followers have started a new sect
named ‘Satyas’, following his teachings. Out of his numerous teachings and mantras to
live life purely and religiously, one prominent teaching is ‘Not to touch the Liquor’
which is a prime reason for his popularity among many people and especially women.
2. That Silbil is a magazine which publishes stories, poems, cartoons and sketches, all based
on the fictional nature of work primarily. Among other things it also publishes a parody
column, whereby it publishes the mocking cartoons and sketches or relevant descriptions
of contemporary nature. But while publishing the parody for contemporary figures or
events, it uses the element of factual truth and modifies accordingly to suit the parody
content or situation. In the course of publication it also uses a disclaimer to show
innocent humor.
3. That in the same course, Silbil Magazine in its August issue published the parody column
containing the description of Baba Satyanand campaigning in an advertisement of Liquor
Brand, as a parody to his teachings of non-consumption of liquor .It used the picture of
Baba Satyanand holding Liquor bottle in his hand and describing to his pupil about its
importance and ‘firsthand experience’. Like always parody column had a disclaimer of it
being used for humor purpose merely. But the followers didn’t find it proper and they
began protesting against it. A nationwide meeting of followers was called decide the
course of action against Silbil Magazine. On 7th September, 2015, a meeting was held in
Delhi, where members of sect attending the meeting were provided with photocopy of the
concerned parody column to discuss the issue of course of action. The meeting was
covered by the media and newspapers widely. On the next day, it was decided by
followers to approach the court to take legal action against the Silbil Magazine.
4. That consequently, Baba Satyanand himself filed a suit for damages and compensation
for defamation against Silbil Magazine on the charges pertaining to defamation and
personal distress. He sought a compensation of 1 crore and demanded the stopping of

IX | P a g e
 circulation of the Silbil Magazine’s August issue. The Silbil Magazine took the defence
of Innocent Humor and reiterated its freedom to publish the same under Freedom of
Press. The District Court held Silbil not liable for defamation on the grounds of Innocent
Humor and did not order to stop the circulation of the issue of Silbil Magazine. However
the court found the element of Mental Distress and held Silbil liable for it and awarded a
compensation of Rs. 30 Lakhs. Unsatisfied with the decision of the District Court, Baba
Satyanand filed an appeal in the High court.
5. That another appeal was filed by Silbil Magazine in which it contested the impugned
order. During the pendency of appeals, a follower of Baba Satyanad, Mr. Amarchand,
filed another suit for permanent injunction and damages against Silbil magazine. In the
suit, Amarchand pleaded for compensation for mental distress caused to the entire Satya
sect due to insult of their Godly figure Baba Satyanand and also due to false propagation
of the liquor, which in fact, is prohibited in the community. The court dismissed the suit
and Amarchand also went for an appeal to the High Court. High Court has clubbed the
three appeals and is posted for final hearing on the broad issues pertaining to Personal
Distress and Defamation.

X|Page
 STATEMENT OF ISSUES

ISSUE I

WHETHER THE PUBLICATION OF PARODY LED TO DEFAMATION OF BABA SATYANAND OR NOT?

ISSUE II

WHETHER THE DAMAGES GIVEN BY DISTRICT COURT WERE APPROPRIATE OR NOT?

ISSUE III

WHETHER THE PERMANENT INJUNCTION FOR STOPPING THE CIRCULATION OF SILBIL

MAGAZINE SHOULD BE GRANTED OR NOT?

XI | P a g e
 SUMMARY OF ARGUMENTS

ISSUE I

WHETHER THE PUBLICATION OF PARODY LED TO DEFAMATION OF BABA SATYANAND OR NOT?

It is humbly submitted that caricature of Baba is totally opposite of what Baba preaches and due
to publication of caricature, image of Baba Satyanand got disparaged in the society.

ISSUE II

WHETHER THE DAMAGES GIVEN BY DISTRICT COURT WERE APPROPRIATE OR NOT?

It is humbly submitted that compensation for baba Satyanand are not adequate and The District
Court did not accept the plea of Loss to Reputation where as it has already been pleaded in this
Hon’ble court that there was defamation on the part of Silbil Magazine .

ISSUE III

WHETHER THE PERMANENT INJUNCTION FOR STOPPING THE CIRCULATION OF SILBIL

MAGAZINE SHOULD BE GRANTED OR NOT?

It is humbly submitted that permanent injunction should be granted against august 2015 issue of
Silbil magazine so that no further harm to reputation and mental distress is caused to Baba
Satyanandand whole Satya sect.

XII | P a g e
 ARGUMENTS ADVANCED

MOST RESPECTFULLY SHOWETH:

I. WHETHER THE PUBLICATION OF PARODY LED TO DEFAMATION

OF BABA SATYANAND OR NOT?
1. Defamation is defined as publication of a statement which reflects on a person's reputation
and tends to lower him in the estimation of right thinking members of the society generally
or tends to make them shun or avoid them. For a statement to be defamatory, it has to be
proved that:

[1.1.A] THE STATEMENT IS FALSE

2. The falsity of charge is presumed in plaintiff's favour1. The burden of proof that the words
are false does not lie upon the plaintiff. Defamation of a person is taken to be false until it
is proved to be true. It is submitted that as stated in the factsheet, one of numerous
teachings of Baba Satyanand to live life purely and religiously is "not to touch liquor". It is
said that the Silbil magazine uses only the factual truth and modifies it suit their parody
content but hereby there is no factual truth , Baba Satyanand do not support liquor .They
have just flipped the entire truth. Thus , it is amply clear that the imputation is false
affecting the reputation of the plaintiff . In Scott v. Sampson2, per Cave , J. " the law
recognizes in every man a right to have the estimation in which he stands in the opinion of
others unaffected by false statements to his discredit . "

[1.2.B] THE STATEMENT IS IN WRITING

3. The defamatory statements may be in writing or in printing, or may be conveyed in the

form of caricatures or any other similar representations. In the present case as well,
statement was made in writing i.e. in the form of caricatures.

1
Belt v Lawes , (1882) 9 B&C
2
333S.W.2d220(1960)
Page | 1
MEMORIAL ON BEHALF OF APPELLANT
[1.3.C] THE STATEMENT IS DEFAMATORY

4. Under Article 19(2) of the Constitution of India, the right of freedom of expression

cannot be abused to the extent of defaming and disparaging the reputation of others. It
is submitted that the canvas of Article 19 of the Constitution is wide open for the
defendants to express their creativity but one cannot use that freedom for maligning the
reputation of others. In support of his arguments, reliance can be placed on the
definition of defamatory statement given in “Salmond and Heuston” on the Law of
torts, Twentieth Edition, which states as under:

5. " A defamatory statement is one, which has a tendency to injure the reputation of the
person to whom it refers; which tends, that is to say, to lower him in the estimation of
right- thinking members of the society generally and in particular to cause him to be
regarded with feelings of hatred, contempt, ridicule, fear, dislike, or disesteem. The
statement is judged by the standard of an ordinary, right- thinking member of society.
Hence the test is an objective one, and it is no defense to say that the statement was not
intended to be defamatory, or uttered by way of a joke. Hence, it is settled that a
statement may be defamatory although no one to whom it is published believes it to be
true."
6. Reliance can be placed on the Fifth Edition of Carter Ruck on Libel and Slander
wherein the defamatory is defined as under:
(1) a statement concerning any person which exposes him to hatred, ridicule, or
contempt or which causes him to be shunned or avoided, or which has a tendency
to injure him in his office, professional or trade.
(2) A false statement about a man to his discredit.
(3) Would the words tend to lower the plaintiff in the estimation of right thinking
members of society generally.
7. Baba Satyanand has a large sect following him and his teachings to live life purely . The
caricature is disrespectful not only to Baba Satyanand , but also to his followers and his
teachings .Showing the religious leader of a sect in such a way not only affects Baba
Satyanand's moral and intellectual character but it also affects whole sect and their
religious beliefs .
8. In the case of Nirmaljit Singh Narula Vs. Sh. Yashwant Singh & Ors.,3 the court held
that nobody has any right, not even the media or website operators to disparage,
defame, disrepute or malign the reputation of any person unless they are in possession

3
I.A. No.10017/ 2012 in CS(OS) 1518/2012

2|Page
 of sufficient material or unbiased information clearly pointing out to any kind of illegal
or other nefarious activities of such persons.
9. In the case of Haywardv. Thompson4 , it was held that "the ordinary men after reading a
writing doesn't contemplate reading it again and again for deriving it's meaning.” So,
the meaning of words in a libel action is a matter of impression as an ordinary man gets
on the very first reading , not on later analysis . A reasonable reader is neither usually
suspicious nor usually naive and he doesn't always interpret the words as would a
lawyer, “for he is not inhibited by knowledge of rules of construction" 5The column
shows Baba Satyanand talking about his first time experience and the advantages of
drinking liquor , whereas he is of the view to not to even touch liquor . A right thinking
person would get the view that he is advising his pupils to consume liquor.

[1.4 D] THE STATEMENT MUST REFER TO THE PLAINTIFF/APPELLANT

10. In an action for defamation, for the statement that is being complained of, it must be
proved that it refers to the plaintiff. It is immaterial whether or not defendant intended
to defame the plaintiff. If the person to whom the statement was published could
reasonably infer that the statement referred to the plaintiff, the defendant is nevertheless
liable.
11. According to the facts of the case, Silbil Magazine in its August issue published the
parody column containing the description of Baba Satyanand campaigning in an
advertisement of Liquor Brand, as a parody to his teachings of non-consumption of
liquor. It used the picture of Baba Satyanand holding Liquor bottle in his hand and
describing to his pupil about its importance and ‘firsthand experience’. Thus, using the
image of him itself denotes that the defamatory matter referred to him and no one else.

[1.4.E] THE STATEMENT IS PUBLISHED

12. Publication is communicating defamatory matter to some person other than the person
of whom it is written. If other people come to know about the matter, it is well in hand
published.
13. All the essentials of defamation thus complete make the defendant's liable for defaming
the plaintiff. Not only this, they are simultaneously breaking the Norms of Journalistic
Conduct published by Press Council of India, which are as follows:

4
(1981) 3 All ER 450(458) (CA)
5
Lewis v. Daily Telegraph Ltd. [1964] A.C. 234 at 258 , per Lord Reid

3|Page
 i. Newspapers cannot claim privilege or licence to malign a person or body
claiming special protection or immunity on the plea of having published the item
as a satire under special columns such as ‘gossip’, ‘parody’, etc.
ii. Newspaper should not publish any fictional literature distorting and portraying
the religious or well known characters in an adverse light offending the
susceptibilities of large sections of society who hold those characters in high
esteem, invested with attributes of the virtuous and lofty.
iii. Commercial exploitation of the name of prophets, seers or deities is repugnant to
journalistic ethics and good taste.
iv. No advertisement shall be published, which promotes directly or indirectly
production, sale or consumption of cigarettes, tobacco products, wine, alcohol,
liquor and other intoxicants.
v. Newspaper shall not publish advertisements, which have a tendency to malign or
hurt the religious sentiments of any community or section of society.
14. Silbil magazine is taking the defence of innocent humour and parody but, there is
nothing humorous and jocular in a column making fun of someone's teachings and
hurting the feelings of religion.

1.2 ACTUAL MALICE

15. As stated in the factsheet, publishing parody column was a normal course of business of
Silbil magazine. They modified the truth to suit the content of their parody column,
Modify means to change some parts of a thing while not changing some other parts, but
in case of Baba Satyanand they have just flipped the entire truth. Further if a man has
stated that the matter was false and defamatory, malice is also assumed. 6 An ordinary
man seeing the caricature of a well-known religious leader like Baba Satyanand holding
a liquor bottle in his hand and telling his firsthand experience in direct contrast to what
he actually preaches. The Silbil magazine simply wants to gain some publicity by using
these caricatures .It is trying to publicize using such things.
16. Courts have defined 'actual malice' in defamation context as publishing a statement
while either:
1) Knowing that it is false or
2) Acting with reckless disregard for the statement's truth or falsity.

6
Ogilvie v. The Punjab Akhbharat& Press Co. , (1929) ILR 1 1 Lah 45

4|Page
17. As stated in the factsheet, Baba Satyanand is a public figure and his influence is so
strong that his followers have started a new sect named 'Satyas'. He is limited purpose
public figure. These are individuals who “have thrust themselves to the forefront of
particular controversies in order to influence the resolution of the issues involved.”
18. For limited purpose public figures, the actual malice standard extends only as far as
defamatory statements involve matters related to topics about which they are
considered public figures.7 For example: - talking about a basketball player , the actual
malice standard would extend to the statements involving his career .

1.3. PUBLICITY RIGHT (MISAPPROPRIATION OF IMAGE, LIKENESS)

19. It is the right of an individual to prevent others from using his name , likeness , photo or
image for commercial purposes without obtaining consent . A public figure laboriously
constructs his image through skill and hard work and the resultant fame and popularity
in his property .Thus, it is him only who has right to exploit it commercially. In the case
at hand, Silbil has misappropriated his image by publishing opposite to what he actually
preaches and the reason for which he is followed across nation.
20. In English case8, it was observed that a name is commercially valuable as an
endorsement of a product or for financial gain only because public recognizes it and
attributes goodwill and feats of skill or accomplishments of one sort or another to that
personality.
21. The right to publicity as one that extends only to person was upheld by the Delhi High
Court in further in case9, " The right of publicity has evolved from the right of privacy
and can inhere only in an individual or in indicia of an individual's personality like his
name , personality trait , sign , voice etc. An individual may acquire the right of
publicity by virtue of his association with an event , sports , movie etc. However , that
right doesn't inhere in the event in question that made individual famous nor , in
corporation that has brought about the organisation of the event .
22. In the case of Calcutta high court.10, Sourav Ganguly returned from a quite successful
tour after scoring magnificent centuries , he realized that Tata Tea Ltd. , in which he
was employed as a manager , was promoting it's tea packets by offering the consumers
a chance to congratulate Sourav through a postcard which was there inside each packet

7
Gertz v. Robert Welch 418 U.S. 323(U.S. 1974)
8
Uhlaender v. Henrickson 31F. Supp. 1277D Minn. (1970 )
9
ICC Development (int.) v. Arvee Enterprises and Anr 220(30)PTC253(Del)
10
Sourav Gangulyv. Tata Tea Ltd (1999)

5|Page
 of tea . In a way indirectly , what the company was intended was to promote the sale of
it's packet in the Indian market where Sourav has earned considerable amount of
popularity . The Court ruled in favour of Sourav , saying that his fame and popularity is
his property .
23. The media today is the messiah of the masses and it influences peopl’s thoughts,
actions and opinions on the most crucial of issues, keeping public debate alive.
However with this power comes the responsibility to verify news and not generate in
public; bias, hostility or enmity. However it cannot shy away from the fact that the
media inter se, print, electronic and internet, etc .have cut throat competition and in the
bid to outdo each other has tremendous pressure in terms of hits, circulations,
viewership, commonly referred to as TRP. In the race to grab eyeballs it sensationalizes
news and information. It will not be incorrect to say that that the information revolution
has proved to be a double edged sword with its omnipresence and drive to dig into
every nook and corner for news and dissect and thereby corrode the lives of public
figures. The potent media has the power to massacre the reputation and lives of many
and has made many glorified saints and Gods out of nobody in the cloak of informing
and creating awareness.
24. The media is watching all these public personalities whether in political, social or
spiritual field 24X7 as they owe a duty to the society to expose such people indulging
into illegal, immoral, unruly acts prejudicial or inimical to threaten peace, harmony and
tranquillity of the society. The spiritual Babas and Sadhus who have entered into our
lives through the electronic media and other websites are no exception to the said self-
restraint norms and regulations.
25. Further in the case of apex court 11 , the Hon'ble Delhi HC has laid down the following
essential remedies than an aggrieved party can seek for the misuse of the image :
1) Party could bring in a suit for violation of tort of privacy and seek compensation
or injunction
2) Party can approach the Court and contend that it's an act of passing off or
infringement
3) The party can sue for breach of confidence with respect for injunction and
damages.
4) Party can bring in suit for action of defamation under civil/ criminal law and may
seek injunction and damages.
11
Amar Nath Sehgal v. Union of India 2005 (30)PTC 253 del

6|Page
26. The case of U.S. supreme court12, involved right of Baseball players to control the
commercial use of their name and photo. The Court said “We think that in addition to
an independent right to privacy, a man has right of publicity of value of its photo i.e.
right to grant the exclusive privilege of publishing its picture. That right is called right
to privacy.
27. They are trying to take the advantage of the goodwill and reputation of Baba Satyanand
by using his picture for the publicity of his product .Thus, Silbil Magazine has
Infringed Baba Satyananad’s Right to Privacy.

II. WHETHER THE DAMAGES GIVEN BY DISTRICT COURT WERE

APPROPRIATE OR NOT?

28. It is pleaded that damages provided by District court to Baba Satyanand were not
appropriate. The District Court did not accept the plea of Loss to Reputation where as it
has already been pleaded in this Hon’ble court that there was defamation on the part of
Silbil Magazine .
29. As decide in the British case law 13, “The successful plaintiff in defamation action is
entitled to recover as general compensatory damages , such sums as will compensate
him for the wrong he has suffered. That sum must compensate him for the damage to
his reputation , vindicate his good name and take account of distress, Hurt and
Humiliation which the defamatory publication has caused . In this case £75,000 be
given as compensatory damages and after taking account of the Aggravation I award
the sum of £90,000.The claimant is also entitled to an Injunction. ”
30. It takes years and decades to build reputation or goodwill be it a politician, public
figure, bureaucrat, social worker, saint or a spiritual leader but any irresponsible act on
the part of the media can result in ruining the image and reputation of such person
which may cause incalculable and irreversible damage to the prestige and reputation of
such a person.
31. In the case at hand, Satyanand should be given general compensatory damages for his
Loss of Reputation .Further, Aggravated damages should be provided to Baba
Satyanand to compensate him for his Mental Distress. Aggravated damages are “extra

12
Haelan laboratories v. Toppschewing gum 202 F.2d 866 , 1953
13
Haelan laboratories v. Toppschewing gum 1997(QB)586

7|Page
 compensation to a plaintiff for injury to his feelings and dignity caused by the manner
in which the defendant acted .Such damages, although compensatory, may be given
under a different head to represent a solatium to the plaintiff for the distress, anxiety
and further injury to feelings, reputation, dignity etc. caused by the manner in which the
defendant acted. In every case considered appropriate for the award of aggravated
damages, the court should always point out what it considers to be ‘aggravating
circumstances’ in order to justify the basis of its award. Common examples of
‘aggravating circumstances’ or ‘aggravating factors’ from the reported cases include,
but are not necessarily limited to, malice, ill-will, or persistence in a falsehood
exhibited by a defendant to the detriment of the plaintiff. Consider the case of a
publisher who unsuccessfully attempts to plead and prove justification in answer to a
defamation claim arising out of a libelous article14.
32. The number of factors is enlisted to determine the amount of damages which are to be
awarded15:
i. The gravity of allegations
ii. The size and influence of the circulation
iii. The effect of publication
iv. The extent and nature of claimant’s reputation
v. The behavior of defendant and claimant plaintiff
38. As clear from the factsheet, Baba Satyanand is a well known Religious Leader ,being
followed by people all across the nation .The caricature showed him in false light and
completely turned over what he actually preached . The publication aroused the feelings
of the numerous followers of Baba Satyanand reason being Amarchand has also
knocked the doors of the court to get justice.
39. Further , he should be compensated for the mental distress suffered , no doubt he has been
awarded 30 lacs for Mental Distress by the District Court but it is pleaded that the
amount of compensation should be increased .
40. There is no point of ambiguity that the amount asked for compensation is more than the
set caps as decided by the civil courts. A statutory cap on the amount of damages that
can be awarded for 'non-economic loss' in defamation proceedings, as of 1 July 2014,
the cap was raised to $366,000.16 Under California's Medical Injury Compensation

14
Ntabgoba v. Editor-in-chief of the New Vision & Another [2004] 2 EA 234
15
Abdulai& 3 Ors v Wailojo& 2 Ors (CIVIL SUIT No. 0028 OF 2013) [2017] UGHCCD 4 (24 January 2017)
16
Cripps v Vakras [2014] VSC 110

8|Page
 Reform Act of 1975 (MICRA), a patient's non-economic damages may not exceed
$250,000.
41. Further, Court should provide compensation for Invasion of Right to privacy of Baba
Satyanand as already argued upon earlier.
42. In case of Honourable Delhi HC17 , has laid down the following essential remedies that
an aggrieved party can seek for misuse of the image:
i. Party could bring a suit for violation of Tort of Privacy and seek compensation or
Injunction
ii. The party can approach the court and contend that it an act of passing off or
infringement.
iii. The party can sue for Breach of Confidence with request for injunction and
damages.
iv. Party can bring suit for action of defamation under civil or criminal law and may
seek damages.
43. Thus it is pleaded that Baba Satyanand should be given compensation for Defamation
further resulting to mental distress and Invasion of Right to Privacy .
44. Further, Amarchand who is filing an appeal in the court of law on behalf of all the
followers of Satya Sect should also be given damages for Mental distress caused due to
defamation of their Godly figure. Injury to feelings has been held as sufficient in itself
to constitute a cause of action for recovery of damages, regardless of actual loss or
harm. It was held that actual injury and damage was not necessary to render the action
maintainable, and it was observed in the latter case that injury might result to a man's
feelings such as would entitle him to damages18. These rulings were followed in the
fifth case, where it was observed that 'it does not follow that because a man's
professional position or gains are not injured by abuse received by him that his feelings
are not injured and outraged. Mental distress must be taken to be a sufficient cause of
action19.

17
Amar nath Sehgal v Union of India 2005(30)PTC253Deil
18
Moulvie Ghulam Hossein, Vakeel v. Hur Gobind Doss, Tushildar, 1 W. R., 19 ;
19
Sreenath Mookerjee v. Komal Kurmokar, 16 W. R., 83 ;Kalee Coomar Mitter v. Ramguttee Bhuttacharjee, 16
W. R., 84, note.

9|Page
 III.WHETHER THE PERMANENT INJUNCTION FOR STOPPING
THE CIRULATION OF SILBIL MAGAZINE SHOULD BE
GRANTED OR NOT?

45. According to section 38(3) of specific relief act, 1963 when the defendant invades or
threatens to invade the plaintiff’s right to, or enjoyment of property, the court may grant
a perpetual injunction in the following cases, namely:

i. Where the defendant is the trustee of the property for the plaintiff;
ii. Where there exists no standard for ascertaining the actual damage caused or likely
to be caused by the invasion;
iii. Where the invasion is such that compensation in money would not afford a
adequate relief;
iv. Where the injunction is necessary to prevent a multiplicity of judicial
proceedings.

46. On perusal of the provisions of the Specific Relief act and from the provisions of the
Section 38(3) (c) it becomes clear that one can ask for permanent injunction where
there is a threat of invasion in such a manner that compensation in money would not
afford adequate relief and also where it is necessary to prevent multiplicity of judicial
proceedings.20
47. It is humbly submitted that even if compensation is provided it will not be an adequate
remedy as the further circulation will further harm the reputation of appellant. It will
not only destroy his goodwill but it will also affect the entire belief system of which he
is a part. The imputation of Baba Satyanand is not only false but also defamatory to his
character as it portrays him to in a bad light.

48. Under Article 19(2) of the Constitution of India, the right of freedom of expression
cannot be abused to the extent of defaming and disparaging the reputation of others. It
is submitted that the canvas of Article 19 of the Constitution is wide open for the
defendants to express their creativity but one cannot use that freedom for maligning the
reputation of others.

20
Sekh sajahan v. Shebaits of pir Gorachand AIR 2005 Cal 178

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49. This freedom must, however, be exercised with circumspection and care must be taken
not to trench on the rights of other citizens or to jeopardise public interest. It is manifest
from Article 19(2) that the right conferred by Article 19(1)(a) is subject to imposition
of reasonable restrictions in the interest of, amongst others, public order, decency or
morality or in relation to defamation or incitement to an offence. It is, therefore,
obvious that subject to reasonable restrictions placed under Article 19(2) a citizen has a
right to publish, circulate and disseminate his views and any attempt to thwart or deny
the same would offend Article 19(1)(a)."
50. We also have to consider that the sect is of a huge size and Silbil magazine have shown
general disregard for the truth and the consequences. It is a well-settled principle that a
person is liable for all the consequences of his act which he can reasonably foresee.
Now, publishing a column having false and libelous matter about a well-known
religious leader will affect the entire believers and followers of the leader. Thus, the
publication and circulation have vast nationwide consequences which have to be
concerned in the present case. Thus, it is submitted that the situation is of grave nature
and requires the permanent injunction so that no further harm is done both to the
reputation of Baba Satyanand and that the entire Satya sect is not affected just because
of a reckless and defamatory act done by the respondents.
51. Lord Kingsdown observes in Imperial Gaslight & Coke co. Vs Broadbent 22 “ When a
plaintiff applies for an injunction to restrain the violation of an alleged right, if the
existence of the right is disputed , he must establish it before he gets the injunction to
prevent the recurrence of the violation” .
52. It is submitted that the caricature infringes the right to privacy as given under Article 21
of the constitution. Black’s law dictionary defines privacy as “The right that determines
the non intervention of secret surveillance and the protection of an individual's
information. It is split into 4 categories:
i. Physical: An imposition whereby another individual is restricted from experiencing
an individual or a situation.
ii. Decisional: The imposition of a restriction that is exclusive to an entity.
iii. Informational: The prevention of searching for unknown information and
iv. Dispositional: The prevention of attempts made to get to know the state of mind of
an individual”.

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53. The case of Ram Jethmalani vs. Subramanium Swamy,22defined defamation as a public
communication which tends to injure the reputation of another. It dwelled upon the
balance between the freedom of expression vis a vis right to reputation and held that the
law of defamation, by making actionable certain utterances, runs counter to another
widely accepted legal tenet - the right to freedom of expression, but the two have been
harmonised by judicial process so that an individual's right of privacy and protection of
honour and reputation is preserved and at the same time the public interest in free
speech is also protected. 
54. Now, it is submitted that the imagery used in Silbil magazine has been done with
general disregard to know the unknown fact and they have just stated the fact which is
not only false and defamatory. In Scott v. Sampson23 , per Cave , J. " the law recognizes
in every man a right to have the estimation in which he stands in the opinion of others
unaffected  by false statements to his discredit .Thus there has been clear violation of
legal right of the plaintiff which is a prerequisite for the injunction to be provided. "
55. Also, In case of Amarnath Sehgal v Union of India24, Honourable Delhi HC has laid
down the following essential remedies that an aggrieved party can seek for misuse of
the image:
i. Party could bring a suit for violation of Tort of Privacy and seek compensation or
Injunction
ii. The party can approach the court and contend that it an act of passing off or
infringement.
iii. The party can sue for Breach of Confidence with request for injunction and
damages.
iv. Party can bring suit for action of defamation under civil or criminal law and may
seek damages.
56. Thus, it is submitted that the loss of reputation and goodwill is an irreparable loss
which has been suffered by the appellant due the libel column and will further
disparage him in the eyes of the society.

22
126(2006)DLT 535
23
8QBD 491(1882)
24
117,30 PTC 253 Del 2005

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 PRAYER

Wherefore in the light of facts of the matter, arguments advanced, and authorities cited, it is
most humbly prayed before the Hon’ble Court that it may be pleased to hold, adjudge and
declare-

1. That Baba Satyanand be given damages of Rs.1 crore by Silbil Magazine for defaming him
by publishing his caricature.
2. That Amarchand be given compensation for mental distress caused due to defamation of
his Godly figure.
3. That Interim Injunction be granted against Silbil to stop the further circulation of the
August Issue.

And/or any other relief that this Hon’ble Court may be pleased to grant in the interest of
justice, Equity and Good conscience.

And in these premises the Applicant as duty bound shall forever pray.

Sd/-

Counsels on behalf of the appellants

Satyanand and Amarchand

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