Bombay High Court Allows Galli News To Report On Alleged Medical Negligence But Restrains Defamatory Imputations Against Hospital
The Bombay High Court earlier this week refused to pass a gag order restraining popular local YouTube news channel Galli News from reporting on allegations of negligence against a city-based hospital over claims that a surgical gauze was left inside a woman's body.
However, single-judge Justice Arif Doctor restrained the news channel from using certain 'defamatory' words such as 'Kattalkhana' (slaughterhouse) for the Habib Esmail Hospital and Medical Trust, situated in Pydhonie area of Mumbai.
"Upon perusal of the excerpts and translations from the news reports, I prima facie find merit in the submissions of the hospital, that portion of the said transcription are per se defamatory. It is clarified that Defendant No. 1 (Owner and Editor of the Channel) shall not be restrained from reporting on the incident in question. However, any allegations, imputations, or insinuations contained in the videos which attribute blame to the Plaintiff Hospital, including references describing the hospital as a 'Kattalkhana' or suggesting that the hospital was complicit in murder, shall not be repeated pending the disposal of the Application," Justice Doctor said in the June 23 order.
Notably, Galli News has been extensively reporting the alleged incident dated May 28, when the complainant Shams Ali Sayed's wife was brought to the hospital again after her C-Section delivery on May 9. On some tests, the family was allegedly told that there was some 'minor infection' and after some time, the family was asked to sign the 'consent' form for operating the patient to remove the 'accumulated pus.'
The family alleged that even before they could sign the consent forms, the patient was administered anesthesia and subsequently, she was moved to another hospital.
Amid all this chaos, the Mumbai Police has asked a medical board led by doctors in the State-run JJ Hospital, to examine the facts of the case, since it is a medico-legal case and is awaiting its report.
Meanwhile, aggrieved over the extensive coverage of the incident by Galli News, which has lakhs of followers on various social media platforms like YouTube, Instagram, X etc. the hospital moved the High Court alleging defamation. The hospital highlighted at least 51 portions of the news coverage which are allegedly defamatory, especially the one calling the hospital a 'Kattalkhana' (slaughterhouse).
The bench has now ordered the Galli News Editor/Owner - Salim Shaikh to file his affidavit-in-reply to the defamation suit filed by the hospital, within three weeks.
The matter would be now heard on August 4.
Appearance:
Advocates Akshay Pai, Avdhut Patil, SN Ravrane, Harshwardhan Gaikwad and Siddhi Bhosale appeared for the Plaintiff.
Advocates Adil Khatri and Irfan Shaikh represented Galli News.
Advocate Hari Lakhani instructed by Shardul Amarchand Mangaldas & Co. represented Meta Platforms.
Case Title: Habib Esmail Hospital & Medical Trust vs Salim Shaikh [Interim Application (L) 20170 of 2026]