Calcutta High Court Dismisses A PIL Filed Against Karan Johar's Popular Talk Show Koffee With Karan
The Calcutta High Court dismissed a PIL filed by Nazia Elahi Khan against Karan Johar's popular talk show Koffee With Karan for allegedly promoting racism, sexuality and obscenity through words or visible representation,
Brief Facts:
This PIL was filed by Petitioner in relation to talk show “Koffee With Karan” hosted and presented by our client Mr. Karan Johar which was being aired on OTT Platform “Disney Hotstar” In this PIL, allegations were raised inter-alia contending that this talk show “Koffee With Karan” was promoting racism, sexuality and obscenity through words or visible representation. Hence, a writ of mandamus was sought by Petitioner directing Respondent Nos. 2, 3 and 4 (who were Police Authorities) to take/initiate criminal proceedings against our clients and Disney Hotstar Platform.
Brief Contentions:
Preliminary objection about the maintainability of the Petition was raised by us and counsels for other parties.
Learned counsel for the respondents also pointed out that the Grievance Redressal Mechanism has been provided under the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021.
In view of preliminary objection being raised, Division bench of Calcutta High Court comprising of Hon’ble Chief Justice Prakash Shrivastava and Hon’ble Justice Rajarshi Bharadwaj heard the counsels for the parties on the maintainability of Petition on 5th December, 2022.
Object of filing petition to gain publicity
Having heard the learned counsel for the parties and on perusal of the record, the Calcutta High Court was of the view noticed that the petitioner has not stated anywhere in the writ petition that she had watched the talk show in question. The petition is based on some newspaper reports. It is also noticed that the petitioner has referred to the talk show between 2004 to 2019 whereas, the writ petition has been filed on 6th of September, 2022. In the writ petition, though, several instances have been mentioned but it has not been disclosed as to in which episode or on what date such comments were made. The allegations are not supported by cogent materials and from the pleadings in the writ petition, it is also not reflected that any such comment was made in any episode in recent past.
After hearing the parties, Court passed on order dated holding that, “Having, regard to nature of controversy involved in the matter,
"we find that object of filing the present public interest litigation is to gain publicity", the court said.
Hence, Court dismissed the said PIL vide its aforesaid order dated 5th December 2022
Karn Johar was represented by a team from DSK Legal.
The DSK team comprised of Mr. Anand Desai (Managing Partner), Ms. Chandrima Mitra (Partner), Mr. Parag Khandhar (Partner) and Ms. Pranita Saboo (Senior Associate).
Counsels Mr. Sakya Sen and Mr Rajarshi Dutta were briefed by DSK Legal along with advocate on record Mr. Ranjit Basu and Ms. Shebatee Datta.
