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The Gujarat High Court has dismissed the appeal filed by Newsclick.In challenging the ex-parte ad-interim injunction granted against the publisher restraining it from publishing and circulating any defamatory article concerning the Adani Group and Adani Power Rajasthan Limited.

Two articles were published on the Newsclick website titled "Justice Arun Mishra's Final Gift of INR 8000 crore to Adani" and "Have Justice Arun Mishra's Judgements Helped Adani Group?" in the year 2020 alleging that favors were granted by former Justice Arun Mishra to the Adani Group in a dispute before the Top Court.

Thereafter, the Adani Group had filed a defamation suit worth Rs. 100 crores stating that dishonesty or ulterior motive upon a Supreme Court judge fell within the term of defamation, however, the website had maintained that the articles were based on knowledge available in the public domain.

An interim injunction order against the website was granted in September 2020 which was again confirmed by the City Civil Court, Ahmedabad in March last year. The website had approached the high court against the order of the Civil Court.

The bench of Justice AP Thaker said that "it is true that the media has right of fair-comment and to publish truth. But, at the same time it is the duty of the media to substantiate its stand primarily by producing the evidence in respect of the truth."

Court noted that though it appeared from the concerned articles that the Bench headed by Justice Arun Mishra has favored the Adani Group, the publisher had not averred any facts regarding the claim of the benefit of almost Rs. 8000 Crore to be made available to the Adani Group because of Justice Mishra's judgment.

"There is no any material placed on record to show that how this figure has emerged from the judgment. The tenor of the language used in the Articles, prima-facie, supports the observation made by the trial Court while granting the injunction against the defendant – present appellant (Newsclick)," Court remarked.

Accordingly, Court held that the view taken by the trial Court was reasonable one and refused to interfere in the same. In addition to this, Court directed the trial court to expedite the hearing of the Civil Suit and to decide the same as early as possible, preferably within a period of 4 months.

Case Title: Newsclick.In Publisher of Article through Prabir Purkayastha v. Adani Power Rajasthan Limited