Delhi High Court allows sale of 'Yes Man: Untold Story of Rana Kapoor' after removing four defamatory passages, rejecting trial court’s complete ban as disproportionate.
Delhi HC Lifts Blanket Ban on Rana Kapoor Biography
The Delhi High Court has lifted a blanket injunction on the sale and distribution of the book 'Yes Man: The Untold Story of Rana Kapoor' by Harper Collins Publishers India Pvt Ltd [Harper Collins Publishers India Pvt Ltd v Rana Kapoor & Ors]. Justice Harish Vaidyanathan Shankar ruled that while four passages were found to be defamatory, banning the entire book was a disproportionate restriction.
The trial court had imposed a comprehensive injunction, which the High Court found unjustified. Instead, it modified the order to restrict only the contested four passages, allowing the remainder of the book to be sold. The judgment balances the right to reputation under Article 21 with freedom of expression under Article 19(1)(a), emphasizing that partial restraint suffices where harm is localized.
This decision sets a vital precedent for free speech in literary and journalistic publishing. Practitioners in media and IP law should consider it when advising clients on pre-publication risk assessment and interim remedies, particularly in high-profile biographies involving public figures. The reasoning aligns with established proportionality tests in Indian constitutional jurisprudence.
Citations
- Harper Collins Publishers India Pvt Ltd v Rana Kapoor & Ors
