Free speech lifeblood of democracy, Delhi HC quashes restraining order against Cobrapost

A Division Bench of the Delhi High Court has set aside an interim order passed by a single judge Bench which had restrained Investigative journalism house Cobrapost from releasing any materials of its documentary called ‘Operation 136: Part II’.

The order lifting the restraint was passed by a Division Bench comprising Justice S Ravindra Bhat and Justice AK Chawla in an appeal against a May 24 interim order passed by a Single Judge Bench.  The single judge Bench had stayed the publication of the Cobrapost documentary which has accused various media houses of indulging in practices like paid news.

Allowing the appeal, the Court remarked,

“If courts are to routinely stifle debate, what cannot be done by law by the State can be achieved indirectly without satisfying exacting constitutional standards that permit infractions on the valuable right to freedom of speech.”

The Court has remitted the case back to the Single Judge Bench and has directed it to consider the question of grant of interim relief “on the basis of the pleadings and contentions of the parties”.

Dainik Bhaskar Group had moved the Delhi High Court earlier this year, complaining that Cobrapost’s documentary was “an attempt at defamation in what they term to be false news and information.” In its plea seeking a permanent injunction against Cobrapost from publishing any information against Dainik Bhaskar, the Single Judge Bench of Justice Valmiki J Mehta granted an interim injunction in Dainik Bhaskar’s favour, ex parte.

Remarking that there can “hardly be any debate” on the issue of impugned ex parte injunction, the Court held that “an unreasoned order granting ex-parte injunction for the entire duration of the suit, is impermissible.”

It said that an ex parte injunction which would subsist during the entirety of the pendency of the suit, was unjustified.

It further stated that in cases where the plaintiff seeks a pre-publication injunction, the threshold for granting an ex-parte relief is “necessarily of a very high order”.

Emphasizing on the right to free speech in a democracy, the Court also observed that even the challenges posed by “the new age media, especially the electronic media and internet posts” cannot per se  “dilute valuable right of free speech” which is the “lifeblood of democracy”.

“The Members of the public and citizens of this country expect news and fair comment as to whether a public institution – including a media house or journal (which cannot claim any exemption from being public institutions as they are the medium through which information is disseminated, and are one of the pillars of democracy) functions properly. In case there are allegations which result in controversies as to the reliability of the news which one or the other disseminates to the public, that too is a matter of public debate.”, it noted.

It, therefore, stated that unless it is demonstrated, at the threshold, that the offending content is malicious or palpably false, an injunction and that too an ex-parte one, without recording any reasons should not be given.

It thus decreed,

“For the above reasons, the impugned order is hereby set aside. The matter is remitted to the learned Single Judge who shall consider the question of grant of interim relief on the basis of the pleadings and contentions of the parties. Parties shall be present before the concerned learned Single Judge, on 3rd October, 2018. All observations made in the course of this judgment do not in any manner reflect on the merits of the facts which are yet to be decided by the learned Single Judge. The appeals are accordingly allowed.“

Appellant Forum for Media and Literature were represented by Senior Advocate Kapil Sibal assisted by Advocates Pramod Kumar Dubey, Kotla Harshavardhan, Mansi Sood, Nizam Pasha and Nishoonk Matroo.

Another Appellant journalist Pushp Sharma was represented by Advocates Prashant Bhushan, Amit Agrawal and Satyajit Sarna.

Dainik Bhaskar group was represented by Senior Advocates Sajan Poovayya and Neeraj Malhotra, assisted by Advocates Biju Mattam,  Aastha Chawla, Ankita Bafna, Priyadarshi Banerjee and Pratibhanu S Kharola.

Read the order: