2015 Supreme(Del) 366

High Court of Delhi
JAYANT NATH, J.
Naveen Jindal – Appellant
Versus
M/s. Zee Media Corporation Ltd. & Another – Respondent
CS(OS) No. 143 of 2015
Decided On : 05-03-2015

Headnote:

Civil Procedure Code, 1908 - Order 39 Rule 1, 2 - Indian Penal Code, 1860 - Sections 466, 468, 469, 471, 120-B - Injunction - Pre-publication or pre-broadcasting - Scope of - Powers of Court to grant a pre-publication or pre-broadcasting injunction against the defendants - Held, courts have power to pass pre publication or pre-broadcasting injunction where the court is satisfied that interest of justice so require.

Civil Procedure Code, 1908 - Order 39 Rule 1, 2 - Indian Penal Code, 1860 - Sections 466, 468, 469, 471, 120-B - Injunction against publication - Interference with administration of justice - Facts and circumstances under which the Court should exercise its jurisdiction to grant an injunction regarding publication of news items or broadcasting of programmes - Held, that it had power to restrain publication in media if it arrives at a finding that the publication may result in interference with the administration of justice or against the principle of fair trial or open justice.

Civil Procedure Code, 1908 - Order 39 Rule 1, 2 - Indian Penal Code, 1860 - Sections 466, 468, 469, 471, 120-B - Publication in media - Preliminary enquiry - Limited relief granted - Matter is at the stage of preliminary enquiry by the police - Question is whether it will be appropriate for the Court to grant stay on publication at this preliminary stage - Power of the High Court to order restrain of publication in the media would clearly encompass the stage when the criminal case against the accused is at the preliminary enquiry or investigation stage also - Court in that case granted limited relief to the plaintiff whereby the defendants were directed to obtain the view of plaintiff Nos. 1 and 2 therein in case they intend to televise any programme pertaining to plaintiff No. 1 or its companies and to ensure that the interviews/comments are simultaneously reflected at the end of said programme.

Civil Procedure Code, 1908 - Order 39 Rule 1, 2 - Indian Penal Code, 1860 - Sections 466, 468, 469, 471, 120-B - Defamatory publication - Outraging the modesty of a lady - Scope of injunction - Suit is based on alleged defamatory publication/broad casts pertaining to a specific complaint filed by Mrs.ABC before the Chhattisgarh High Court - There are serious allegations of outraging the modesty of the lady and rape etc - As per the orders of the Chhattisgarh High Court the police is to take steps on the complaint which is filed by the Mrs.ABC - Earlier suit being had nothing to do with the said publications on the allegations of Mrs.ABC - Plaintiff seeks to press for an ad interim injunction based on two contentions - Defendants are motivated on account of the past litigation between the parties where they were caught trying to extort large amount of money from the plaintiff - Defendants are actuated by malice and ill will towards the plaintiff - Conduct of the defendant is such as to interfere with the administration of justice and hamper a fair enquiry - Held, plaintiff be entitled to an injunction to restrain the defendants from publishing reports or airing reports pertaining to the allegations which are pending before the police by Mrs. ABC - Any publication which gives excessive adverse publicity to an accused or which is likely to hamper fair trial and constitutes an interference with the course of justice could be a ground for grant of injunction - Court has ample inherent power to restrain publication in media in the event it arrives at a finding that the said publication may result in interference with the administration of justice or would be against the principle of fair trial or open justice - Injunction passed is of a temporary nature and is applicable only till the police completes its preliminary enquiry or any other investigation if required that may be done at a later stage - Defendants are free to report about the court cases or about the final conclusion of the police in the course of preliminary enquiry covered under the ambit of fair reporting on the basis of true, correct and verified information.

Civil Procedure Code, 1908 - Order 39 Rule 1, 2 - Indian Penal Code, 1860 - Sections 466, 468, 469, 471, 120-B - Allegation against the conduct and behavior - Blanket pre-telecast restraint order - Denial of - There were several allegations most of which related to the conduct and behavior of the plaintiff as a Member of Parliament etc - Court declined to give a blanket pre-telecast restraint order - Directions were passed that the defendants therein would obtain views of the plaintiffs in case they intend to televise any program pertaining to plaintiff No.1 or his companies so that the said interview, comment or their side of the story is simultaneously reflected at the end of the said programme.