Injunctions & Interim Relief
Subject : Dispute Resolution - Civil Procedure
Delhi Court Reserves Verdict on Paranjoy Guha Thakurta's Plea Against Adani Gag Order Amid Jurisdictional Tussle
New Delhi – A Delhi district court has reserved its order on an appeal filed by veteran journalist Paranjoy Guha Thakurta challenging an ex-parte gag order that restrained him and several other journalists from reporting on Adani Enterprises Limited (AEL). The decision, anticipated from District Judge Sunil Chaudhary of the Rohini Court, comes after a series of complex procedural developments that have put the spotlight on the legal principles governing pre-trial injunctions, press freedom, and judicial propriety.
The case stems from a defamation suit initiated by AEL, which led to a lower civil court issuing a sweeping ex-parte injunction on September 6, 2025. The order, passed by Senior Civil Judge Anuj Kumar Singh, directed Thakurta and fellow journalists Ravi Nair, Abir Dasgupta, Ayaskant Das, and Ayush Joshi to remove allegedly defamatory content and refrain from publishing further "unverified and defamatory information" about the conglomerate. The injunction also extended to "John Doe" defendants, broadening its potential reach.
AEL's suit claims that articles published on various websites, including paranjoy.in and adaniwatch.org, damaged its reputation, brand equity, and cost stakeholders billions. The company argued that the journalists "aligned with anti-India interests" to target critical infrastructure projects with "ulterior motives." The civil court, in granting the injunction, found that AEL had established a prima facie case.
The subsequent appeals against this order have navigated a convoluted path through the district courts, involving two different judges and raising questions of judicial consistency.
The legal challenge to the gag order was bifurcated. While an appeal by journalists Ravi Nair, Abir Dasgupta, Ayaskant Das, and Ayush Joshi was heard by District Judge Ashish Aggarwal, the pleas by Mr. Thakurta and the digital news platform Newslaundry were assigned to District Judge Sunil Chaudhary.
On September 18, Judge Aggarwal set aside the gag order for the four journalists he was hearing. He critically observed that the allegedly defamatory articles had been in the public domain for a significant time, and therefore, the civil judge ought to have heard the defendants before passing a drastic order directing the takedown of their work.
This development created a procedural quandary for Judge Chaudhary. On September 22, after hearing extensive arguments in Thakurta's appeal, Judge Chaudhary expressed that it would be appropriate for Judge Aggarwal to hear the remaining cases, given his familiarity with the matter and his recent order. However, this move was declined by Principal District and Sessions Judge Gurvinder Pal Singh on September 23, who remanded the case back to Judge Chaudhary, stating it would be "expedient in the interest of justice" for him to adjudicate the appeal since he had already heard the arguments.
During the final hearing on September 24 before Judge Chaudhary, Senior Advocate Jagdeep Sharma, representing AEL, argued that Judge Aggarwal's order was not binding on the court. "The other court can't impose its views on your lordships," he submitted, emphasizing that Judge Aggarwal had not commented on the merits of the defamation claim itself.
Counsel for Mr. Thakurta has consistently attacked the foundational legality of the September 6 injunction. Senior Advocate Trideep Pais, who previously appeared for the journalist, assailed the order as "overbroad and unreasoned." He contended that the injunction failed to meet the basic legal requirements by not specifying which particular words or passages were deemed defamatory.
"The injunction order doesn’t specify which words or passages are defamatory. It simply records submissions of the plaintiff as if they were findings," Pais had argued. This lack of specificity, he submitted, effectively allows the plaintiff, AEL, to act as "judge in its own case" by identifying any content it dislikes and demanding its removal by intermediaries based on the court's vague order.
Advocate Apar Gupta, also representing Thakurta, highlighted the immediate and tangible harm caused by the order. He informed Judge Chaudhary that coercive steps had already been taken and that an immediate stay on the ex-parte order was necessary to restore the articles that had been taken down. "If the ex parte order is stayed today, I'll be able to get the articles restored," Gupta submitted, underscoring the urgency of the interim relief sought.
AEL’s counsel maintained that the reporting was not fair journalism but a sustained campaign to tarnish the company's reputation, affecting investors and the market. They argued that the journalists could seek remedy by appearing before the original civil judge, even undertaking that no further coercive steps would be taken until the suit was next heard.
In a related but distinct development, Judge Chaudhary also addressed a plea by Newslaundry . He noted that the news portal was not a named defendant in AEL's original suit and therefore was not technically an "aggrieved party." The court observed that if intermediaries hosting Newslaundry's content were directed to take it down based on the gag order, the platform could then challenge that specific action separately. Despite these observations, the court issued a notice to AEL on Newslaundry's appeal, scheduling the next hearing for October 15.
The entire episode brings into sharp focus the contentious issue of Strategic Lawsuits Against Public Participation (SLAPPs) and the use of ex-parte injunctions against media entities. Legal experts are watching closely, as the final verdict in Thakurta's appeal could have significant implications for the delicate balance between protecting corporate reputation and upholding the constitutional guarantee of freedom of the press.
#PressFreedom #DefamationLaw #GagOrder
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