Last week, for some unknown reasons, an old article about me and IIPM popped up again, on ‘The Logical Indian‘. Since then, friends have been enquiring about the fate of multiple cases that were filed against me in courts across India. Many of my friends know the labyrinth of litigations that I have been defending against, for telling the truth. I am writing this only to close the loop and put to rest everything about me and IIPM. I am guilty of not keeping my friends informed at all stages.
It is true that IIPM launched multiple civil and criminal defamation cases against me including those who were supportive of me. I lost count of the number of cases I defended myself against. At one point, there were 14 matters that I was seized of at different levels, in different courts on different counts. When we did carry the series of 3 articles in 2009, we never imagined the assault would be so severe. I have always believed that if I was wrong, I will unhesitatingly apologise and if I am right, it would not be settled or compromised but decided by a judicial order. I made a choice when publishing those articles.
There was a case in Delhi where I along with the promoter of Outlook (his Family including wife and children) were dragged in. I was on my way out of Outlook when it happened. The link was that Outlook was funding me as they feel threatened by the launch of IIPM’s magazine called ‘The Sunday Indian’. I was touched when the promoter(who I consider my God Father) called me and said that he supports me in this just fight and instructed me to send all legal bills to his office. The gesture was important for me, but it was a battle I started and had to fight on my own steam. Later the Delhi high court struck off the names of the promoter and family members.
There was a case in Gurgaon where me along with my mentor (Rajesh Jain) were dragged in a criminal case. This is again a case of ‘chilling effect’, but Rajesh was cool about it and gave me all authority to defend him along with myself. This case was challenged in the Chandigarh high court which quashed it in September 2015.
There was a case in Uttarakhand where me, my editor and my wife(in her capacity as director) had bailable warrant issued against us for non appearance. This on a case where the summons were never received by us. My dear wife courageously told me that she was ok being jailed as long as she has me for company in her cell. The Uttrakhand High Court quashed this case famously saying “The common expression in a Court room is “Satyamev Jayate” ¬Truth shall triumph. Truth is also the best defence in a case of defamation. A truth spoken for public good can never be called defamatory”.
There was another case in Kamrup(Assam) which was a civil defamation case worth Rs.100 crores(which made one probable investor back-out of investing in Careers360 even without understanding the nature of the case). There was a contempt petition too in the same court.
Somewhere in between, Arindam Chowdhury also carried a cover story in his magazine titled ‘B-School scamsters exposed”, which charged us of demanding money to give ranks to B- Schools. He was talking of his interactions with a researcher employed by Outlook ( later Mint too). The article suggested that because their engagement with researcher wasn’t transparent, by extension, I was dishonest too. This cover story made multiple charges against me, my integrity and character. It called ‘Careers360’ a yellow journal.
When I think of each of them, my blood boils. It was meant to harass us, bully us and make us submit to their whims. The article insulted us, humiliated us and and meant to destroy Careers360. It had a chilling effect on every other journalist in the country. Newspapers like Indian Express fell silent after trying to take it up. Even at Outlook, one incapable administration in-charge tried to get into a ‘settlement’ behind my back. It all fell apart because I refused to concede my rights as Publisher of Careers360. But for a supportive boss at Outlook, friends, understanding Angels and a great mentor, Careers360 would not have survived the onslaught. It was a battle between David and Goliath. It was just that I was a determined David.
So here is the conclusion. IIPM for some time has been pursuing a settlement. In response I messaged “Arindam, Please do what is good for you. Don’t do favors as I never sought them. That will help you take the right decision. I have fought your cases for 6 years and will continue to do so. I never seek favors nor am I silent when I am needed to speak up. That is my DNA. For me, this battle is long over. I am only defending myself against your false accusations. I have much work to do and you are nowhere on my radar. The battle with you is long over. If you have learnt anything in the past 5 years, I am the happiest”.
I was clear that I will defend myself as long as the cases exist. The only way out is for all cases against me to be withdrawn unconditionally. The battle started in courts and must end in courts but not in board rooms.
So, In December 2015, We filed a case in the Supreme Court accusing IIPM for abuse of judicial process and requesting transfer of the cases in North – East. All parties are in Delhi and the subject matter of the cases in Assam have been adjudicated in Delhi, Uttarakhand and Chandigarh, we contended. There were a few cases in Kamrup and Guwahati High Court, including the Rs.100 crore defamation case which was an irritant. In fact, in many negotiations for fund raise at Careers360, I was willing to give a personal guarantee/indemnity if this case were to go against the company.
Coming back to our case in the Supreme Court. It seems that IIPM and its promoter have wisened up. They realised that the fight will lead to another adverse order, another loss. And an order from The Supreme Court can be crippling. Remember what happened to Sahara? So, on 22nd January 2016, on the day of the hearing, they decided to withdraw all cases against me which were pending in Kamrup and by extension, in Gauwhati a High Court. I was also informed that they also withdrew all cases against Outlook pending in various Delhi courts. And the SC order reads “Learned counsel for respondent nos. 1 and 2 states, that he has been in instructed to inform this Court, that respondent nos. 1 and 2 have decided to withdraw the proceedings, which are subject matter of transfer in the present petitions. The statement made by Mr. Arunabh Chowdhury, Advocate is taken on record. In view of the above, the instant transfer petitions do not survive, and these are accordingly disposed of”.
It is important for us to choose the right battles – important, and those that will impact. And if you have taken it upon yourself, fight such that truth wins. Resolutely. Your determination, defiance and Will must not waiver. You will bleed, lose energy and people may give up on you, but you should never give in. In a battle for truth, Never let truth lose out. If you are not convinced about your ability, don’t even get into the battle field. but never let a wrong man claim victory because you chickened out. IIPM survived and prospered because people before me gave up their battles. They let him win. For me, whatever happens to me, Truth must win. and Truth cannot be settled nor compromised. I fought because Truth must win.
That, dear friends, closes all my battles with IIPM. Lawyers are advising me to charge them with malicious litigation. I neither have love nor hate. I am immune to any negative feelings. I am cold. It is over. And this is my last word on IIPM, for I have loads if work to do before I sleep, miles to go before I sleep, miles to go before I sleep.
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