HC restrains Cong leader from making public allegations on LED scam

Congress spokesperson Shaktisinh Gohil has been restrained by the Delhi High Court from communicating to the public his allegations about of an alleged scam in the procurement of LED bulbs for government use by a state-owned company.
Justice Indermeet Kaur was of the view that if an ex- parte order was not issued restraining Gohil, irreparable loss and injury would be caused to the company -- the Energy Efficiency Services Limited (EESL) which is a joint venture of PSUs of the Power Ministry.
"The averments made in the plaint and documents annexed along with it makes out a prima facie case in his (company) favour. Balance of convenience also lies in his favour.

"Irreparable loss and injury will be suffered in case injunction is not granted in favour of the plaintiff, at this stage, restraining the defendants .... From publishing, broadcasting or in any manner communicating to the public the content contained in the defendant's statement dated March 27 and 28, till further orders. Ordered accordingly," the court said.
It also issued notice and summons to Gohil and listed the company's Rs 50 crore civil defamation suit against him for further hearing on September 20 before the joint registrar.
Gohil in his statements of March 27 had alleged a Rs 20,000 crore scam in the procurement of LED bulbs, under the Unnat Jyoti by Affordable LEDs for All (UJALA) scheme of the government, without any transparency and in violation of guidelines laid down by the Supreme Court and the Vigilance Commission.

The EESL had in a statement refuted the allegations made by Gohil.

The company also moved a civil defamation suit, through advocates Manik Dogra and Nitya Sharma, against the Congress leader seeking to restrain him from propagating his allegations.
In the plea, EESL has sought Rs 50 crore as damages from the Congress leader claiming that his statements were "false and malicious propaganda" which were made "for gaining political mileage".
The Power Ministry in a statement had said the national LED programme conducted by EESL has helped all stakeholders.
It had also termed Govil's allegations as false, malicious, misleading, motivated and devoid of any facts and need to be completely disregarded.

EESL was incorporated as a joint venture of 4 PSUs -- the National Thermal Power Corporation, the Power Grid Corporation of India Ltd, the Rural Electrification Corporation and the Power Finance Corporation Ltd.