Government got excited about gag order over Adani contents: Newslaundry to HC

New Delhi, Sep 25 (PTI) No one wants to live in a democracy where there is a threat that an order will be interpreted here and there, digital news platform Newslaundry argued in the Delhi High Court on Thursday, claiming the government "got excited" about the order asking it to take down content on Adani Enterprises.

The submissions were made before Justice Sachin Datta during the hearing of pleas of Newslaundry and senior journalist Ravish Kumar challenging the Centre's purported direction asking digital news publishers to take down multiple reports and videos concerning Adani Group of Companies.

Adani Enterprises, in the meantime, said it will not request Newslaundry to take down any fresh content for now.

The judge was also informed by the counsel that the trial court order asking journalists to take down content was stayed by a sessions court.

"Stayed only qua those who went in appeal. We are john doe defendant...," Senior Advocate Saurabh Kirpal, appearing for Newslaundry, said.

The counsel representing Ravish Kumar, meanwhile, added that a "John Doe" order is normally passed to curb further proliferation of an illegality.

"Under what provisions has the government directed us to take down? Who informed them? On September 16, they (government) say take down in 36 hours. Government is not a party (to the suit)," his counsel said.

The government counsel said IT rules specify when it receives a court order, it has to be communicated.

He added, "The appellate court order (staying the gag order) is also informed to us. We immediately forwarded those orders also. My job is only to communicate. That's all." Kirpal, however, said Newslaundry hadn't challenged the "gag" order as yet.

"I am not the appellant. Qua those who are not appellant, the order is not set aside. No one wants to live in a democracy where there is a threat that an order will be interpreted here and there. This is not part of the IT guidelines. This is about someone who got excited about the order." The court asked Kirpal if Newslaundry had complied with the gag order, to which he said, "I have not taken down. I am yet to comply." At this stage, Adani Enterprises' counsel said, "We wont be asking (for take down of) any further material. Whatever has been (asked to) pull down is done." The counsel, however, clarified that the submission regarding not asking further take take down was only with regard to Newslaundry, and that he had no instruction about Kumar, who has challenged the gag order before a sessions court.

The judge will resume the hearing on September 26.

A Delhi court on September 18 set aside an civil judge's order asking four journalists to take down alleged defamatory content against Adani Enterprises Limited (AEL), saying the effect of removal of the articles by an ad interim ex parte order was "sweeping" and it had the "effect of decreeing the suit itself without a trial".

Acting on AEL's defamation complaint, the civil judge had directed 10 defendants, including the four journalists, to take down the contentious material, like articles and social media posts, already published on various platforms, including websites, within a stipulated period. PTI UK UK AMK AMK