Khanjan Jagadishkumar Thakkar v. Waahiid Ali Khan & Ors .
In the High Court of Bombay
I.A. 399/2024 in Suit (L) 398/2024
Before Justice Bharati Dangre
Decided on April 02, 2024

Relevancy of the case: Interim relief in a defamation suit for alleging money laundering through cryptocurrency and hawala transactions

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66)
• The Indian Penal Code, 1860 (Section 420, 465, 467, 468, 471, 120B)
• The Maharashtra Prevention of Gambling Act, 1887 (Section 12A)

Relevant Facts of the Case

• A social worker filed an FIR against the plaintiff, alleging fraud, conspiracy, and money laundering through cryptocurrency and hawala transactions.
• Based on this complaint, the defendant posted defamatory content, including his opinions and allegations against the plaintiff, on social media.

Prominent Arguments by the Advocates

• The plaintiff’s counsel argued that the defendant has created opinions and accusations that are not based on convincing evidence, which has damaged the plaintiff’s reputation.
• The defendant’s counsel submitted that the defendant was performing his fundamental duty of distributing information as a journalist under the right to freedom of speech.

Opinion of the Bench

• Investigative journalism does not fall within the ambit of public interest.
• The defendant has failed to provide a single justification of truth as a defence to defamation.
• The court is entitled to scrutinise defamatory material in the interlocutory stage.

Final Decision

• The court granted relief through the interim application.