Delhi High Court Halts 'Gag Order,' Upholding Press Freedom Against Adani Content Removal

In a significant victory for journalistic freedom and the public's right to information, the Delhi High Court's Division Bench has delivered a resounding message against pre-censorship. The court recently stayed a single judge's controversial order that had directed journalists Ravi Nair and Paranjoy Guha Thakurta to remove content critical of Adani Enterprises.

The original directive stemmed from a lawsuit filed by Adani Enterprises, seeking an injunction against the journalists over reports related to an investigation by the Organized Crime and Corruption Reporting Project (OCCRP).

These reports delved into allegations of violations of SEBI rules and manipulation of share prices, matters of significant public interest.

However, the Division Bench, comprising Justices Rajiv Shakdher and Amit Bansal, took a strong stance, observing that the single judge's order effectively amounted to a 'gag order' or 'pre-censorship.' The court highlighted that the initial order was passed without adequately articulating the reasons for urgency or demonstrating that Adani Enterprises would suffer irreparable loss if the content remained accessible.

The bench's decision underscored the fundamental importance of freedom of speech and expression, especially in the context of investigative journalism that scrutinizes corporate power.

By staying the previous order, the court has allowed the journalists to continue publishing their reports, ensuring that information vital for public discourse remains available.

This ruling reiterates the high bar required for imposing prior restraint on speech, particularly when it pertains to matters of public importance.

It serves as a crucial reminder that courts must carefully balance corporate reputation against the constitutional right to freedom of the press, demanding substantial justification before limiting the dissemination of information.