The Bombay High Court on Thursday told Ketan Kakkad, the Panvel farmhouse neighbour of Bollywood actor Salman Khan, to consider deleting tweets and videos he had posted against the actor. Justice Sharmila Deshmukh made the direction while observing that having access to social media does not give anyone the right to upload videos about any person, whether a common citizen or a celebrity, merely to defame them.
The court also questioned why Kakkad continued to post on social media when he had already approached courts over his dispute with Khan.
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Who is Ketan Kakkad?
Ketan Kakkad is a retired NRI from the United States who owns a part of a plot on a hill in Panvel, adjacent to Salman Khan’s farmhouse. In the mid-1990s, when Kakkad planned to buy a plot of land in Raigad to build his retirement home, the seller company introduced him to Salim Khan, Salman’s father.
For over two decades, the two neighbours reportedly got along well. Whenever the Kakkad family visited their property, they were welcomed by Salman Khan’s family at Arpita Farms.
Kakkad and his wife returned to their property in 2014, eager to build a small cottage. They planned to construct an ashram and meditate near their small temple. However, things turned sour in 2019, when Kakkad alleged that Salman’s family suddenly barred his entry to the property.
The property dispute
The core of the conflict involves 2.5 acres of hilltop land in Panvel that the Kakkads say they own, situated above Salman Khan’s farmhouse called Arpita Farms.
Kakkad claimed that the plot of land allotted to him was allegedly cancelled by the Maharashtra forest department at the behest of and in collusion with Khan. He also said that entry and exit to his plot of land were illegally blocked after a gate was constructed.
Kakkad further alleged that access roads were obstructed, power was cut, and his eco-friendly residence and Ganapati temple were demolished. He also accused a forest official of using forged backdated documents to label his land as private forest.
Kakkad’s lawyers argued that a strong iron gate built around Salman’s farmhouse stands on Kakkad’s land, and that Kakkad cannot make full use of his property because of this gate.
Salman’s side denied all allegations of encroachment. Khan’s lawyer told the court that Kakkad had tried to purchase a plot of land next to the farmhouse, but authorities cancelled the transaction on the ground that it was illegal. Kakkad then began making accusations that the transaction was cancelled at Khan’s behest.
Kakkad goes to social media
After failing to resolve the dispute through local channels, Kakkad began uploading videos and posting on social media platforms. The videos alleged illegal activity at Salman Khan’s 100-acre farmhouse in Panvel.
In one video, Kakkad compared Salman Khan to Babar and Aurangzeb, and said the actor was trying to shut down a Ganapati temple. Kakkad also made references to the Ayodhya mandir, framing the dispute in communal terms.
These videos got lakhs of viewers who then posted comments against Salman Khan.
Salman files defamation case
Khan hit back with a civil defamation suit against Kakkad. He also dragged in Google, YouTube, Facebook, Twitter, and other social platform content creators as parties. He sought a gag order to restrain his neighbour from posting objectionable statements until the outcome of the suit.
Salman argued that Ketan’s posts were not only defamatory and disparaging toward him but also communally biased and sowed discord among communities.
Civil court refuses injunction
Additional Sessions Judge Anil Laddhad rejected Khan’s plea seeking an interim order barring Kakkad from making any further comments against him or his family members.
The court said there was documentary proof to substantiate the allegation about Khan restraining Kakkad from approaching his land. The court concluded that Kakkad’s statements were truthful, well-documented, and made in the public interest, qualifying him as a whistleblower under legal protection. Khan had to pay legal costs.
The verdict noted that Kakkad had placed on record evidence like complaints and show-cause notices to Salman about the allegations of encroachments at the actor’s Panvel property.
Salman moves High Court
Salman filed an appeal in the Bombay High Court against the Sessions Court’s order which refused to pass a restraining order against Kakkad.
Khan’s counsel Ravi Kadam argued before the High Court that the civil court had erred in its order refusing injunction. He said the videos were blithely speculative and communally provoked viewers against Salman Khan.
Kakkad’s advocates Abha Singh and Aditya Singh claimed the actor had filed the defamation suit to pressure Kakkad into giving up his land.
High Court’s direction on June 11
On Thursday, June 11, Justice Sharmila Deshmukh directed Kakkad to consider deleting the tweets and videos posted by him, or those containing statements made by him against Khan. The court also asked Kakkad why he was going to social media when he already had the matter running before courts.
The case is still ongoing. The High Court has not yet passed a final order on the defamation appeal. The matter will go further on a subsequent date.