Gujarat High Court
Rakesh Pratapbhai Rajdev vs Union Of India on 2 February, 2022
Bench: Vaibhavi D. Nanavati
C/SCA/1843/2022 ORDER DATED: 02/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1843 of 2022
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RAKESH PRATAPBHAI RAJDEV
Versus
UNION OF INDIA
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Appearance:
MR VIRAT G POPAT(3710) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3,4,5,6
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 02/02/2022
ORAL ORDER
1. The writ-applicant has by way of this writ-application
under Article 226 of the Constitution of India has approached
this Court seeking the following reliefs :-
"(a) To allow this petition;
(b) To issue appropriate writ, order or direction directing
respondent No.1 herein to issue appropriate orders to private
respondents herein to remove the URL as well as contents of
the article from their website referred to in the present
petition;
(c) To issue appropriate writ, order or direction directing
the concerned respondents herein to remove the URL as well
as contents of the article from their website referred to in the
present petition;
C/SCA/1843/2022 ORDER DATED: 02/02/2022
(d) Pending admission, hearing and final disposal of the
present petition, to direct respondent No.1 herein to issue
appropriate orders to private respondents herein to remove
the URL as well as contents of the article from their website
referred to in the present petition;
(e) Pending admission, hearing and final disposal of the
present petition, to direct the concerned respondents herein
to remove the URL as well as contents of the article from
their website referred to in the present petition;
(f) To pass any other and further orders as may be deemed
fit and proper to this Hon'ble Court."
2. The short facts germane for adjudication of the present
writ-application are stated thus :-
2.1 The writ-applicant is a trader and businessman having
recently acquired the status of NRI (Non-residential Indian) for
United Arab Emirates and is operating in the city of Rajkot
and across the India. The writ-applicant is in the business of
Management Consultancy, trading of stones and jewellery
alongwith trading for proprietary account on regulated
exchanges (DMCC).
2.2 It is the case of the writ-applicant that on account of
certain transactions an FIR came to be filed with DCB Police
C/SCA/1843/2022 ORDER DATED: 02/02/2022
Station, Ahmedabad city on 28.10.2020 being CR
No.11191011200156 of 2020 against the writ-applicant. It is
stated that after filing of the said FIR newspaper owned and
controlled by the respondents No.3 to 6 published articles in
the respective newspapers referring the writ-applicant as a
'bookie'.
2.3 According to the writ-applicant, the newspaper owned and
controlled by the respondent No.3 published the following
article which reads thus :-
"Ahmedabad : Chemical trader duped of Rs.3.55 cr, six
booked
According to the FIR, Parikh had in January transferred
Rs.3.55 crore online to Rajdev, an alleged bookie, after the
latter promised to deliver gold at a cheaper rate."
The respondents No.4 and 5 published the following
article which read thus :-
"Ahmedabad : SG Road chemical trader cheated of Rs.3.5
crore, luxury car."
The respondent No.6 reported that the present writ-
applicant is involved in the business of havala and cricket
betting.
C/SCA/1843/2022 ORDER DATED: 02/02/2022
2.4 In the proceedings in the Criminal Misc. Application
No.17673 of 2020 by an order dated 10.12.2020 the FIR came
to be quashed against the writ-applicant.
2.5 It is the case of the writ-applicant that the writ-applicant
informed the intermediary i.e. respondent No.2 to remove the
URL and the contents. However, on 6.8.2021 the respondent
gave evasive reply and declined the request of the writ-
applicant to take action on the URL concerning the aforesaid
article.
2.6 It is further the case of the writ-applicant that the writ-
applicant issued notice to the respondent for removing the
article and taking necessary action as the complaint against the
writ-applicant is already quashed by this Court. It is further
stated that on 1.11.2021 response from the respondent No.3
was that an update has been added to the article about the
order for quashment of the FIR. It is stated that the inaction
with regard to the notice given by the writ-applicant is
nothing but an indication that only with a view to malign the
writ-applicant the respondent did not think fit to remove the
said article.
3. Heard Mr. Virat Popat, the learned advocate appearing
for the writ-applicant through the video conference.
C/SCA/1843/2022 ORDER DATED: 02/02/2022
3.1 Mr. Popat, the learned advocate appearing for the writ-
applicant vehemently submitted that writ be issued against the
respondents for publishing article in question which is
offending, degrading and survival of such article on internet
would expose the writ-applicant to irreparable prejudice in the
mind of the people and consequences of such would affect the
business and fate of the writ-applicant. He further submitted
that inaction with regard to the contents of the article which
are offending to the writ-applicant is violative of the
fundamental right of the writ-applicant.
3.2 Mr. Popat, the learned advocate relied on various
judgments passed by several High Courts and mainly relied in
the case of K. S. Puttaswamy vs. Union of India, reported in
(2017) 10 SCC 1.
4. Having having Mr. V. G. Popat, the learned advocate
appearing for the writ-applicant, it is the case of the writ-
applicant that an FIR being CR No.11191011200156 of 2020
filed with DCB Police Station, Ahmedabad city on 28.10.2020.
The said FIR came to be quashed by this Court in Criminal
Misc. Application No.17673 of 2020 by an order dated
10.12.2020. It is submitted by Mr. Popat, the learned advocate
that the newspapers owned and controlled by the respondents
and URL platform i.e. respondent No.2 have published articles
which are tarnishing the reputation of the writ-applicant. It
C/SCA/1843/2022 ORDER DATED: 02/02/2022
was vehemently submitted that it is the right of the writ-
applicant to be forgotten and that it is the fundamental right
as held by the Hon'ble Apex Court in the case of K. S.
Puttaswamy vs. Union of India, reported in (2017) 10 SCC 1
and various judgments passed by other High Courts. The
extracts of the articles published by the respondents referred to
by the writ-applicant as stated in the writ-application are
referred to above and the same are produced at Annexure 'B'
colly.
4.1 The writ-applicant has submitted that the writ-applicant's
right to privacy has been infringed, however the writ-applicant
seeks relief against the private respondents which own and
control news daily. The allegation is against the infringement
of the writ-applicant's right to privacy is alleged against the
publication in the said daily and online platform. No relief
under Article 226 of the Constitution of India can be granted
against private respondent not being State under Article 12 of
the Constitution of India. It may be that rights of the writ-
applicant are infringed, the remedy available to the writ-
applicant is seeking action by initiating appropriate civil
proceeding as available under law. Apart from the fact that
no writ can be issued to the private respondent disputed
questions of facts arise which may require to be adjudicated in
appropriate civil proceedings. This Court is, therefore, not
inclined to entertain the present writ-application.
C/SCA/1843/2022 ORDER DATED: 02/02/2022
4.2 It is however clarified that this Court has otherwise not
expressed any opinion on the merits of the present writ-
application.
4.3 In view of above, this writ-application fails and the
same is dismissed.
(VAIBHAVI D. NANAVATI,J)
K.K. SAIYED
