Delhi court on Thursday overturned a civil court’s order directing four journalists—Ravi Nair, Abir Dasgupta, Ayaskanta Das, and Ayush Joshi—to remove alleged defamatory content against Adani Enterprises Limited (AEL), calling the directive “not sustainable” and a potential violation of constitutional free speech rights. The ruling, delivered by District Judge Ashish Aggarwal, criticized the September 6 ex parte order for its “sweeping” impact, which effectively prejudged the case without a trial or hearing the journalists’ defense.

The court’s September 18 order, made public Friday, stemmed from an appeal by the journalists, represented by advocate Vrinda Grover, against the civil court’s mandate to delete articles and social media posts deemed unverified and defamatory by AEL. Judge Aggarwal ruled that the original order, issued without hearing the defendants, risked stifling Article 19(1)(a) rights to freedom of expression. “Until a prima facie determination confirms the articles are defamatory, they cannot be removed from the public domain,” he stated, noting the chilling effect on authors who face contempt risks without adjudication.

The judge flagged the civil court’s overreach, which allowed AEL to target future articles without amending its plaint, effectively empowering the company to censor content based on its own judgment. “Such directions expose authors to a constant perilous state,” Aggarwal observed, emphasizing the need for a fair hearing before labeling statements as irresponsible or defamatory. He also noted procedural lapses, as the civil court scheduled the next hearing beyond the 30-day limit prescribed by the Civil Procedure Code for ex parte injunctions, undermining timely resolution.

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The case, involving 10 defendants including journalist Paranjoy Guha Thakurta and entities like Bob Brown Foundation and Dreamscape Network, arose from AEL’s defamation suit over content published across platforms. The court clarified it made no judgment on whether the materials were defamatory, leaving all contentions open for a fresh hearing. The civil court was directed to reconsider AEL’s injunction application after hearing both the journalists and AEL, ensuring an unbiased process.

This ruling, hailed by free speech advocates, underscores the judiciary’s role in balancing corporate interests with press freedoms, setting a precedent for protecting critical journalism against premature censorship in India’s charged media landscape.

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