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Delhi Court Sets Aside Adani Takedown Order, Calls Ex Parte Ruling Unsustainable

The ruling leaves the merits of the defamation claims undecided.

Overview

  • The district court stayed and set aside the September 6 ex parte takedown order as it applied to four journalists, calling the directions sweeping and not sustainable.
  • Judge Ashish Aggarwal directed the trial court to hear both the journalists and Adani Enterprises before issuing any fresh interim order.
  • The court warned that removing articles without a prima facie finding of inaccuracy and defamation could violate Article 19(1)(a) on free speech.
  • It criticized provisions that let Adani flag future content for removal and left intermediaries to judge defamation, citing a chilling effect and risk of contempt without adjudication.
  • The judge said Civil Procedure Code timelines for deciding ex parte injunctions within about 30 days were overlooked, and he left all substantive issues open for reconsideration.