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YASHWANT VARMA
Sushil Ansal – Appellant
Versus
Endemol India Pvt. Ltd. – Respondent
ORDER
1. The present suit has been instituted for a decree of mandatory and permanent injunction restraining defendant No. 3 from exhibiting, broadcasting, telecasting and releasing on its digital/OTT platforms, the series titled `Trial by Fire`. The web series is to be aired on 13 January 2023. The plaintiff further seeks a decree of mandatory and permanent injunction against the defendants from publishing the book `Trial by Fire: The Tragic Tale of Uphaar Fire Tragedy' [The Book], including and extending to publication of audio/video adaptations of the Book and from exhibiting, broadcasting, telecasting defamatory, libellous, slanderous and false statements made by way of the Book on digital/OTT platforms. A further relief of delivery-up is also sought against the defendants.
2. The Court has heard Mr. Siddharth Agarwal, learned senior counsel appearing for the plaintiff, Mr. Sethi who appeared for defendant Nos. 1 and 2, the producer and co-producer of the web series in question, Mr. Nayar and Mr. Sibal, learned senior counsels, on behalf of defendant No. 3, Mr. Pahwa, learned senior counsel who appeared for defendant Nos. 4 and 5, the authors of the Book and Ms. Bhandari, lea
The court ruled that the right to freedom of speech takes precedence over defamation claims unless a strong prima facie case is established, underscoring the necessity to balance fundamental rights.
Interim injunctions must consider the prima facie case and balance of convenience, especially where prior rights and public airing exist.
Interim injunctions must meet the triple test: prima facie case, balance of convenience, and irreparable loss; ex-parte orders are justified in defamation cases where urgent protection is needed.
The court found the plaintiff established a prima facie case of copyright infringement, while defendants claimed fair use and truth defenses for defamation, necessitating a trial to assess merits.
Injunction – While granting ad-interim injunctions in defamation suits, potential of using prolonged litigation to prevent free speech and public participation must also be kept in mind by courts.
The right to privacy in matrimonial matters is protected under Article 21, and courts must carefully balance this right against freedom of expression when considering interim injunctions in defamatio....
The Bar Council of India lacks authority to impose gag orders on advocates, infringing their fundamental right to free speech.
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