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Accusing Union Minister Smriti Irani of misleading the court and concealing material documents from it, the Congress leaders Jairam Ramesh, Pawan Khera and Netta D’Souza have told the Delhi High Court that Silly Souls Café and Bar in Goa’s Assagao is operated by Eightall Food and and Beverages LLP which is “controlled by” Irani’s family members through companies in which they have 100 percent shareholding.
The Congress leaders told the court that Irani’s family members – her husband, her son, her daughter and her step-daughter, are all shareholders in two companies – Ugraya Mercantile Pvt. Ltd and Ugraya Agro Farms Pvt Ltd. “The two companies … have collective paid up 75% of the capital for a Limited Liability Partnership named and styled as ‘Eightall Food and Beverage LLP’,” they said in a written statement to the court.
The place of business of Eightall Food and Beverage is same as the address where the restaurant was being operated, the Congress leaders have said further, adding that same makes it “amply evident” that the restaurant is operated by the company which is controlled by Irani’s family members.
“The Answering Defendants verily believe that as in any democracy, the role of the principal opposition party is to raise issues which affect the public, especially if the issue relates to statutory licenses being renewed in the name of a deceased person by a restaurant which has a direct connection with a Minister in the Union Cabinet of the Government of India,” the Congress leaders have argued.
The court on July 29 had directed the Congress leaders to delete and remove their posts on social media against Irani and her daughter in connection with Silly Souls Café and Bar. The court also had observed that neither the restaurant nor the land on which it exists is owned by Irani and her daughter, after hearing a defamation suit filed by Irani against the Congress leaders.
Defending their press conference of July 23, the Congress leaders have said that their statements clearly fall within the ambit of ‘fair comment’ as they were made in public interest and in relation to a public issue – “a restaurant being operated on a licence renewed in the name of a deceased person and being obtained through fraudulent means”.
“With all the above mentioned evidence connecting the Plaintiff [Irani] with the Restaurant being available in public domain, it was in public interest to make fair comments and question the Plaintiff on her linkage with the Restaurant,” reads the statement.
The Congress leaders have further told the court that Irani and her family members have come in the line of questioning also because of the fact that she and her daughter have “publicly endorsed” their association and ownership in the restaurant. Their comments are based on the “admission and public acknowledgement” regarding ownership of the restaurant by Irani and her family members, they have said.
“The Plaintiff and her family have made repeated assertions of ownership of the Restaurant, which received the Show Cause Notice. These were unilateral and unprovoked claims put forth by the Plaintiff’s family and endorsed by her,” the reply states further.
The written statement also contends that it is the moral and constitutional duty of the opposition to hold members of the ruling government to account. “This duty becomes all the more imperative when the accusations in question directly involve a member of the Union Cabinet and their family members, i.e., the Plaintiff and her family members,” they have said.
Granting relief to Irani, Justice Mini Pushkarna on July 29 said that the court has perused the various documents filed on record by Irani, particularly the Show Cause Notice issued by the Commissioner of Excise in Goa to Anthony D’gama. The Congress leaders have said that the court was not informed that D’gama is deceased and it was in his name the liquor licence was renewed for the restaurant.
The court had said, “Neither the restaurant nor the land on which the restaurant exists is owned by the plaintiff or her daughter even the show cause notice issued by the Government of Goa is not in the name of the plaintiff or her daughter. All these facts have also been affirmed in the affidavit by the plaintiff.”
Besides seeking damages of over Rs 2 crore for the alleged defamation and posting of false allegations, Irani in the suit filed has sought a mandatory and permanent injunction against the Congress leaders and a direction for taking down the posts already made. Issuing summons to the Congress leaders, the court on July 29 had directed them to file a written statement to the plaint within 30 days from the date of receipt of summons.
In their press conference in July, the Congress accused Irani’s daughter of running the restaurant in Goa “illegally”, with the bar license procured “fraudulently” in the name of a deceased person. The Congress also had demanded the resignation of Irani from the Union Cabinet.
Irani’s suit alleges that the Congress leaders “conspired with each other and with unknown individuals/ organisations to launch a tirade of false, scathing and belligerent personal attacks” against her and her daughter “with the common motive to malign, defame and injure” their reputation, moral character and public image.
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