On Wednesday, The Mumbai Court retrained Kamal R Khan from making defamatory statements against actor Salman Khan and his family members and acquaintances until the final verdict of the defamation suit is given.
The Court headed by Justice CV Marathe while granting an interim relief to Salman Khan held that Kamal R Khan has surpassed the right to freedom of speech and that his remarks were outright “libellous” and has the power to cause irreparable loss to the actor if not restrained.
A defamation suit was filed by Salman Khan and Salman Khan Ventures against film critic Kamal R Khan for posting defamatory tweets and videos. The bench observed that Kamal was had gone beyond the limit of “just criticism” and his remarks were an attack on the image of Salman Khan in the society by portraying him as a criminal and person having no dignity.
The Court further noted that Kamal did not provide any explanation on his remarks that alleged fraud against Salman’s registered trademark “Being Human”. The court held that such remarks were made based on unfound information. This cannot be ignored and are actionable in nature.
The Court observed the importance of reputation of each and every person. Every human has an equal right of liberty and personal security under the Indian Constitution. It further observed that in some instances a person’s reputation is more important that his own life and held that every man is entitled to his good name and the esteem in which he is perceived by others in the society.
The Court however did not grant the second relief claimed regarding directing Kamal to take down the defamatory content from social media.