Institute of Legal and Management Studies

The Supreme Court on Monday (July 21) asked Sadhguru's Isha Foundation to agitate before the Delhi High Court its plea seeking to injunct Tamil media outlet Nakkheeran Publications from publishing defamatory content against the Foundation.

The Court also allowed Nakheeran to file an application under Order VII Rule 7 CPC to seek rejection of the plaint filed by Isha Foundation. The High Court was requested to take up the applications filed by the parties at the earliest.

With these observations, the Supreme Court disposed of the transfer petition filed by Nakhheeran, as well as the interlocutory application filed by the Foundation in the transfer petition.

A bench of Justices Surya Kant and Joymalya Bagchi was dealing with Isha Foundation's application seeking to restrain Nakkheeran Publications from "continuing" to publish allegedly defamatory content against it.

Senior Advocate Mukul Rohatgi, for the Isha Foundation, submitted that despite pendency of the defamation suit, Nakkheeran Publications is publishing defamatory materials against Isha Foundation, including allegations of organ trade. He also argued that the grounds on which transfer is sought are not permissible.

On the other hand, Senior Advocate R Balasubramaniam, for Nakheeran, alleged that the Foundation got its application listed without informing the respondent(s). He further submitted that the Foundation was seeking the same relief which was denied by the Delhi High Court.

Justice Kant however observed that the grounds raised by Nakheeran, such as lack of jurisdiction, may not be an appropriate ground for transfer. Justice Kant suggested that they can rather seek the rejection of the plaint under Order 7 Rule 11 CPC.

"Question of jurisdiction should be decided as first issue. If it's not there, whole thing comes to an end. Unfortunately, what had happened was, they moved the suit and they also sought temporary injunction...For last 8 months, they are happy because there is no injunction granted to them...but in my petition, they are seeking the same relief which was denied by High Court...the next date is in August", said Dr Bala.

On hearing the counsels, Justice Kant posed to Dr Bala that the grounds raised by Nakkheeran Publication to seek transfer would be appropriate grounds for an application seeking rejection of the plaint under Order 7 Rule 11 CPC.

Accepting the bench's suggestion, Balasubramaniam agreed to withdraw the transfer petition. Since the transfer petiton was withdrwan, the Foundation's application also eventually got disposed of.

To recap, last year, Isha Foundation filed a defamation suit against Nakkheeran Publications before the Delhi High Court, claiming that some of its content maligned the Foundation's reputation. The suit demanded Rs.3 crores as damages.

Subsequently, Nakkheeran Publications filed a transfer petition before the Supreme Court, seeking transfer of the defamation case from Delhi to Chennai. Isha Foundation then filed an application in Nakkheeran's transfer petition seeking to restrain publication of any defamatory content by it.

On July 16, Senior Advocate Mukul Rohatgi mentioned the application on behalf of Isha Foundation before a bench led by Justice Kant. He argued that Nakkheeran Publications was continuing its "vilification campaign" against Isha Foundation and had filed a transfer petition before the Supreme Court, saying that the defamation suit ought to be pursued in Chennai. Rohatgi further informed that a chamber judge had issued notice on the Publications' transfer plea and contended that the aforesaid cannot be a ground for transfer. On being questioned about the relief sought in the application, the senior counsel said,

"He can't have a transfer and carry on this...IA is to stop him from carrying on this defamatory campaign, why moving transfer here and stultifying...he must stop if he wants the jurisdiction of this Court to be utilized...we are a charitable organization with disciples all across the world...today, on social media, he's going on and on..."

Accordingly, the matter was listed today.

Case Title: NAKKHEERAN PUBLICATIONS v. GOOGLE LLC, T.P.(C) No. 1403/2025