Delhi Court Refuses To Transfer Paranjoy, Newslaundry Appeals Against Adani Gag Order To Judge Who Quashed It For Other Journalists

The Principal District and Sessions Judge at Delhi's Rohini Court on Tuesday (September 23) has refused to transfer the appeals filed by journalist Paranjoy Guha Thakurta and digital news platform Newslaundry against ex-parte gag order restraining reporting against Adani, to the judge who had quashed that order qua four other journalists.

Principal District and Sessions Judge Gurvinder Pal Singh observed that since arguments in Paranjoy's appeal were advanced before District judge Sunil Chaudhary, the matter be placed before him.

Judge Chaudhary had recused from passing orders even after reserving verdict on Paranjoy's appeal, in light of an order of District Judge Ashish Aggarwal quashing the ex-parte gag order qua four journalists. Judge Chaudhary had directed that the appeals be placed before the Principal judge, for re-assignment to Judge Aggarwal's court.

Though initially the Principal judge opined that "propriety demands that order be passed by similar judge," after hearing the matter for some time, he asked Advocate Apar Gupta representing Paranjoy,

"Do you have difficulty if the appeal is heard by District judge Sunil Chaudhary? When arguments were advanced and hearing was done, then why do you want the hearing to be heard afresh?"

Gupta responded that difficulty may arise if there are inconsistencies between the orders passed by Judge Chaudhary and Judge Aggarwal.

"You show the other court's order. One is already decided. The appellate court (Judge Chaudhary) will have benefit of other court. It will become more wiser," the Principal Judge said.

Gupta then agreed to the suggestion and requested that the matter be heard expeditiously. The Principal judge thus directed,

"The counsel for parties before me have submitted that they have full faith in court of DJ 04 (Judge Chaudhary) and they have already addressed their arguments at length on September 18...The impugned order of civil judge was set aside qua appellants before DJ 03 (Judge Aggarwal) and the case put in this lis may be at a variance. Extensive arguments already being heard by appellate court it would he appropriate if adjudication of appeal may be appropriately done as per law by the court of DJ to which case is assigned. Accordingly case be sent back to court of DJ 04. Parties to appear on September 24."

Similar order was passed on Newslaundry's appeal, which is yet to be heard. The Court ordered,

"It is the counsel submission that he has full faith in appellate court where the appeal was listed and that he has no objection if the appeal is heard by DJ 04 (Judge Chaudhary). The present appellate court may have the benefit of the adjudication of the other appellate court...File of the case be sent back to DJ 04 Court to hear and adjudicate the matter in accordance with law. Parties to appear before DJ on September 24."

The Principal judge however clarified that even though Judge Aggarwal has set aside the impugned gag order of September 06, the appellants will have to put forth their submissions for adjudication.

Advocate Vijay Aggarwal appeared for Adani Enterprises. Advocate Dhruva Vig appeared for Newslaundry.

Judge Ashish Aggarwal last week gave relief to four journalists, observing was that the allegedly defamatory articles had been in public domain for long and hence, the civil judge ought to have heard the journalists before directing take down of their articles.

"While articles and posts spanning a substantial period were questioned by plaintiff through the suit, the court didn't deem it fit to grant opportunity of hearing to defendants before passing impugned order. In my opinion the civil judge ought to have granted that opportunity before passing an order which had impact of prima facie declaring articles are defamatory and even directing their removal," the judge had said.

Thereafter, the two appeals of Paranjoy Guha and Newslaundry, which originally listed before judge Sunil Chaudhary, were sought to be transferred to Judge Aggarwal's Court.

The appeals will now be heard by District Judge Sunil Chaudhary tomorrow.

Counsel for Paranjoy Guha Thakurta: Apar Gupta, Indumugi C and Naman Kumar, Advocates

Counsel for Newslaundry: Advocate Dhruva Vig

Counsel for Adani Enterprises: Advocates Vijay Aggarwal and Verdaan Jain.