On July 21, the Supreme Court of India directed the Isha Foundation to pursue its legal remedies before the Delhi High Court in its ongoing defamation case against Tamil media outlet Nakkheeran Publications.
A bench comprising Justices Surya Kant and Joymalya Bagchi observed that the issues raised, including allegations of jurisdiction and defamatory content, can be adequately dealt with by the Delhi High Court. The Court also allowed Nakkheeran Publications to raise objections through an application under Order 7 Rule 11 of the Civil Procedure Code (CPC), which pertains to the rejection of the plaint.
“Question of jurisdiction should be decided as first issue. If it’s not there, the whole thing comes to an end,”
— Senior Advocate R. Balasubramaniam, appearing for Nakkheeran Publications.
Earlier, Isha Foundation had filed a defamation suit before the Delhi High Court, alleging that Nakkheeran was publishing false and defamatory articles, including serious claims such as involvement in organ trade. The Foundation sought damages of ₹3 crores.
However, Nakkheeran responded by filing a transfer petition before the Supreme Court, requesting the defamation case be moved to Chennai. In turn, Isha Foundation filed an interlocutory application (IA) in the transfer petition, seeking an order to restrain Nakkheeran from publishing further defamatory material.
Senior Advocate Mukul Rohatgi, representing Isha Foundation, argued that the media outlet continued to publish defamatory content despite the ongoing defamation suit. He stated that the transfer petition should not become a shield for continuing a "vilification campaign".
“He can’t have a transfer and carry on this… IA is to stop him from carrying on this defamatory campaign... we are a charitable organization with disciples all across the world... today, on social media, he’s going on and on...”— Senior Advocate Mukul Rohatgi, for Isha Foundation.
The Court noted that the grounds raised by Nakkheeran, especially regarding jurisdiction, may not justify a transfer of the case. Justice Kant suggested that such issues should instead be raised through proper legal channels before the High Court.
Following the Court’s suggestion, Nakkheeran agreed to withdraw its transfer petition. Consequently, the interlocutory application filed by Isha Foundation also stood disposed of.
The Supreme Court, by resolving the matter at this stage, emphasized that both parties should now proceed with their respective claims and defenses before the Delhi High Court, which had already been seized of the original defamation case.
Case Title: NAKKHEERAN PUBLICATIONS v. GOOGLE LLC, T.P.(C) No. 1403/2025