Delhi Court Passes Ex Parte Injunction To Block Online Reports Linking Manoj Sandesara To Sterling Biotech Case

A Delhi Court has granted an ex parte ad-interim injunction in favour of Manoj Kesarichand Sandesara restraining Google LLC, Meta platforms and john does (unknown entities) publishing further content linking him and his family to the Sterling Biotech bank fraud case. Senior Civil Judge Richa Sharma of Tis Hazari Courts directed Google LLC and Meta Platforms to de-index or de-list URLs of the impugned content from its search engine results till the pendency of his defamation suit. While doing so, the judge took exception to the reporting of media houses and observed that media should strive for accuracy and objectivity in its reporting, avoiding sensationalism.The Court said that in a democracy, the media's responsibility is multifaceted, encompassing informing the public, providing diverse perspectives, acting as a watch dog, and facilitating public debate. It added that it is crucial for the media to accurately report on events, hold power accountable, and ensure citizens have access to wide range of view points, emphasising that heavy responsibility rests on it as it is the fourth pillar of democracy. “It is the fore- most responsibility of media to strive to present all sides of a story fairly and balance competing view points. It should be extremely vigilant in combating misinformation and ensuring the accuracy of information it disseminates. This Court very much understands and recognizes that there is freedom of speech and expression under Articles 19(1)(a) of the Constitution of India, however, these are not absolute rights but have limitations contained within itself under Article 19(2) of the Constitution of India,” the Court said. Sandesara approached the court seeking damages and permanent injunction against allegedly defamatory, false and disparaging content published by media houses and accessible through defendant platforms. He argued that the online material continued to portray him and his family as fugitives, money launderers and bank fraudsters, despite the Supreme Court order staying the proceeding concerning the Sterling Biotech group.Granting ex parte ad interim injunction, the Court held that any publication, re-publication or circulation of any content in relation to Sandesara and his family concerning the case of Sterling Biotech Limited and alleged bank fraud would amount to reputational harm and stigma, more particularly in view of Supreme Court order whereby all the proceedings have been quashed.“In this light as well, the said publications are not in spirit of the right to freedom of press/media as the same is not an absolute right and is to be exercised within permissible limits,” the Court said. It concluded that the impugned articles and content published by media prima facie labeled Sandesara and his family as fugitives, launderers of funds, defrauders etc. without any concrete finding being arrived at in this regard. “The language used in the headings of the articles as reproduced on record are mainly imposing criminality to the plaintiff. The presence of the articles on the social media platform being accessible to one and all even pursuant to the quashing of all proceedings against the plaintiff, definitely has the magnitude to damage the reputation of plaintiff and his family of which compensation in money, may not be adequate,” the judge said. The Court issued summons in the suit as well as notice in the injunction application. The matter is now listed on April 20.Click here to read order

Delhi Court Passes Ex Parte Injunction To Block Online Reports Linking Manoj Sandesara To Sterling Biotech Case

Nupur Thapliyal

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