A Delhi court has set aside an order that directed four journalists to remove alleged defamatory content against Adani Enterprises Limited (AEL), ruling that the sweeping directive effectively decided the case without trial and violated constitutional free speech protections.
District Judge Ashish Aggarwal said the civil court’s September 6 order was “not sustainable” and asked it to pass a fresh order after hearing both the journalists and AEL. The journalists — Ravi Nair, Abir Dasgupta, Ayaskanta Das, and Ayush Joshi — had challenged the earlier ruling, arguing it silenced critical reporting without giving them a chance to defend their work.
The court noted that unless journalists were heard, it could not be assumed that their articles were “unverified, inaccurate, or irresponsible.” Citing Article 19(1)(a) of the Constitution, the judge stressed that content cannot be removed from the public domain without a prima facie finding of it being defamatory.
Judge Aggarwal also flagged that the civil court’s order had empowered AEL to seek removal of even future articles considered unfavorable, a move he warned would have a “chilling effect” on free expression and leave authors in “constant peril.” He added that by exposing writers to contempt proceedings without prior adjudication, the earlier ruling deprived them of the opportunity to defend themselves.
Highlighting procedural lapses, the judge observed that provisions of the Civil Procedure Code were overlooked and that the trial court failed to decide the interim injunction application within the 30-day period required by law.
Allowing the appeal, the judge clarified that he made no findings on whether the articles were defamatory, and directed the civil court to hear both parties afresh before deciding the application.
The case stems from a defamation suit filed by AEL, in which a civil court had earlier ordered ten defendants, including journalists and organizations, to take down articles and posts critical of the company.
