SC sets aside trial court order directing Bloomberg to take down 'defamatory' article
New Delhi, Mar 22: The Supreme Court on Friday set aside a trial court's order directing international media group Bloomberg to take down an allegedly defamatory news article against Zee Entertainment.
The top court was hearing a plea filed by Bloomberg against the March 14 order of the Delhi High Court, which dismissed its appeal against the trail court order.
A three-judge bench headed by Chief Justice D Y Chandrachud said the error committed by the trial judge had been perpetuated by the high court.
"The error committed by the trial judge had been perpetuated by the high court. Merely recording that a prima-facie case exists for a grant of injunction, the balance of convenience lies in Zee's favour and that an irreparable injury would be caused would not amount to application of mind in the case," the bench, also comprising Justices J B Pardiwala and Manoj Misra, said while granting liberty to Zee to approach the trial court afresh with its prayer seeking injunction.
Reacting on the apex court order, Bloomberg News spokesperson said, "We are very encouraged by today's decision from the Supreme Court of India, and we continue to stand by this story."
Justice Shalinder Kaur of the high court had said there was no ground to interfere with the ex-parte interim order passed by the Additional District Judge (ADJ) on the lawsuit by Zee Entertainment Enterprises Limited over the article published on February 21, and ordered Bloomberg to comply with the direction in three days.
On March 1, the ADJ had directed Bloomberg to take down the allegedly defamatory article within a week, saying Zee had established a "prima facie case for passing ad-interim ex-parte orders of injunction".
The ADJ had said the balance of convenience is in Zee's favour and irreparable loss and injury might be caused to the company if the injunction was not granted.
The appellant contended before the high court that the lawsuit was intended to intimidate and silence their right to free and fair speech.
It was also claimed that the ADJ did not give the portal an opportunity to place before it several other articles published prior in time and was denied a right to establish their case.
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Flagrant injustice to underprivileged: Mehbooba on govt action against Shopian school
Srinagar (PTI): PDP president Mehbooba Mufti on Monday said declaring Dar Ul Uloom Jamia Siraj Ul Uloom in Jammu and Kashmir's Shopian an unlawful entity under the UAPA was a "flagrant injustice" to the underprivileged sections of society.
She also alleged that banning such "altruistic institutions" without any solid evidence of anti-national activity "shows a deep seated prejudice and ill intention".
The institution allegedly run by individuals affiliated with a banned organisation has been declared an "unlawful entity" under the Unlawful Activities (Prevention) Act (UAPA).
In a post on X, Mehbooba said, "Every single day the j&k government acts as a mute bystander & a timid enabler of vicious assaults on J&Ks identity & dignity. Declaring Dar Ul Uloom Jamia Siraj Ul Uloom as an unlawful entity under UAPA is a flagrant injustice to the poor underprivileged sections of society".
The former chief minister said the institution served as a "beacon of quality education" for students unable to afford expensive schooling.
"It has produced reputed doctors and professionals who served this nation with dedication. Banning these altruistic institutions without any solid evidence of anti national activity shows a deep seated prejudice & ill intention," she added.
Divisional Commissioner Kashmir Anshul Garg issued a two-page order based on the dossier presented by Senior Superintendent of Police Shopian pointing towards the alleged illegal activities at Darul Uloom Jamia Sirajul Uloom at Imam Sahib in Shopian district in south Kashmir.
According to the order issued by Garg on April 24, there were "credible inputs and evidence on record, to indicate sustained and covert linkages of the institution with Jamaat-e-Islami, which the Government of India banned in 2019.
