NEW DELHI — The Delhi High Court has granted interim relief to Sudarshan TV and its Chairman and Editor-in-Chief, Suresh Chavhanke, by staying the ongoing trial court proceedings in a criminal defamation case instituted against them.
Presiding over the matter, Justice Madhu Jain directed that the proceedings before the magistrate court shall remain stayed until the next date of hearing, scheduled for October 28.
Submissions Before the High Court
During the hearing of the petition titled Suresh Khanderao Chavhanke v. State of NCT of Delhi & Ors, the counsel representing Chavhanke argued that the television anchor was being targeted without any factual or legal basis.
The advocates submitted before the Single Bench that the petitioner was merely acting in his professional capacity as an anchor of a news show broadcast on the channel. It was further asserted that there was an complete absence of any mens rea or criminal intention on the part of the petitioner to defame the complainant or his organization.
Taking note of these arguments and the context of the underlying dispute, the High Court determined that the trial court proceedings warranted an immediate stay while the regular petition is considered on merits.
Factual Background and Allegations
The criminal defamation complaint was originally filed by Mohd Tufail Khan, the manager of the Jamia Arabia Nizami Welfare Educational Society. The non-governmental organization operates a madrasa that currently provides shelter, food, and basic education to approximately 70 orphan children.
According to the complaint filed before the magistrate, the dispute originated from a series of social media posts, public interviews, and televised discussions broadcast during August and September 2022. Khan alleged that an Islamic scholar named Mufti Wajahat Qasmi leveled serious, unfounded allegations against the NGO, claiming it was involved in anti-national activities, receiving illicit foreign funding, and indoctrinating young children.
The complainant alleged that following these public statements, hostile individuals accompanied by news media personnel physically assembled at his residence, harassed him, referred to him using derogatory terms, and publicly shared his personal contact details online. As a consequence, Khan claimed he was subjected to continuous harassment and intimidation.
Khan further alleged that Sudarshan TV produced and aired derogatory special reports in April 2023 that targeted his personality and amplified the defamatory statements made by co-accused individuals without independent verification.
Prior Proceedings at the Saket District Court
The case previously saw procedural steps unfolding before the Saket District Court in New Delhi:
- Cognizance and Summoning: In October 2023, Saket Court Judge Kartik Tapariya examined the preliminary evidence, including transcripts of the televised shows, social media posts, and video clips. Finding prima facie evidence of defamation under the Indian Penal Code, the court issued formal summons to seven accused individuals, including Suresh Chavhanke, Maya Chavhanke (Director of Sudarshan TV), the broadcasting entity itself, and Mufti Wajahat Qasmi.
- Issuance of Warrants: Following the failure of the media executives to physically appear before the magistrate court pursuant to the initial summons, the district court issued bailable warrants against them in April 2024.
- Cancellation of Warrants: The bailable warrants were subsequently recalled and cancelled by the court in May 2024 after the accused individuals entered a formal legal appearance through their legal representatives.
Before instituting the criminal complaint at the district court level, Khan had briefly approached the Delhi High Court seeking emergency directions for the takedown of the video broadcasts across major online platforms. That initial civil proceeding was disposed of after the High Court was informed that YouTube had proactively removed the specific video uploads in question. Khan was then granted liberty to withdraw the writ petition and pursue standard criminal defamation remedies under the code of criminal procedure.
Legal Representation
- For the Petitioner (Suresh Chavhanke): Advocates Makarand D. Adkar, Amita Sachdeva, and Amandeep Singh Gahlot.
- For the Respondent (State of NCT of Delhi): Additional Public Prosecutor (APP) Manoj Pant.
Summary of Case Details
| Parameter | Details |
| Case Title | Suresh Khanderao Chavhanke v. State of NCT of Delhi & Ors |
| Forum | High Court of Delhi |
| Bench | Hon'ble Ms. Justice Madhu Jain |
| Complainant | Mohd Tufail Khan (Jamia Arabia Nizami Welfare Educational Society) |
| Key Respondents / Accused | Suresh Chavhanke, Maya Chavhanke, Sudarshan News TV, Mufti Wajahat Qasmi |
| Statutory Provisions | Sections 499 & 500 (Criminal Defamation), Indian Penal Code |
| Originating Forum | Saket District Court, New Delhi |
| Interim Relief Granted | Complete stay on trial court proceedings |
| Next Date of Hearing | October 28 |
Discription: The Delhi High Court has stayed trial court proceedings in a criminal defamation case against Sudarshan TV and its Chairman, Suresh Chavhanke. Justice Madhu Jain passed the interim order, effective until the next hearing on October 28, after Chavhanke’s counsel argued that he acted solely as a TV anchor with no criminal intent to defame.
The complaint was filed by Mohd Tufail Khan, head of the Jamia Arabia Nizami Welfare Educational Society, an NGO supporting around 70 orphans. Khan alleged that Sudarshan TV and co-accused individuals aired defamatory broadcasts falsely accusing his organization of anti-national activities and illegal funding. The Saket District Court had previously issued summons and bailable warrants to the accused before the High Court intervened to halt further trial proceedings.