Delhi Court Refuses to Transfer Appeal Against Adani Gag Order to Judge Who Earlier Gave Relief to Scribes
The Wire Staff
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New Delhi: The Principal District and Sessions Judge at Delhi's Rohini Court on Tuesday (September 23) refused to transfer appeals by journalist Paranjoy Guha Thakurta and Newslaundry against the ex-parte gag order restraining reporting against Adani, to the judge who had quashed that order qua four other journalists.
Earlier on Monday (September 22), District judge Sunil Chaudhary had transferred the appeals to Judge Ashish Aggarwal.
But Principal District and Sessions Judge Gurvinder Pal Singh on Tuesday observed that since arguments in Paranjoy's appeal were advanced before District judge Chaudhary, the matter be placed before him, reported LiveLaw.
While initially the Principal judge opined that "propriety demands that order be passed by similar judge," he later asked advocate Apar Gupta representing Guha Thakurta whether he has difficulty if the appeal is heard by District Judge Chaudhary.
In response, Gupta said that 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," said the Principal Judge.
A similar order was passed on Newslaundry's appeal. Now both the appeals are to be heard on Wednesday (September 24).
On September 18, Judge Aggarwal had stayed the ex parte order restraining journalists Ravi Nair, Abir Dasgupta, Ayaskant Das and Ayush Joshi from publishing stories ‘defaming’ Adani Enterprise Limited (AEL).
On the same day, Judge Chaudhary had reserved orders on Guha Thakurta’s plea against the ex-parte gag order. However, Judge Aggarwal set aside the same order qua four other journalists in a separate case.
Following this, Judge Chaudhary transferred the matter.
The Rohini court had passed an ex parte interim order on September 6 directing a number of journalists and activists to remove articles and social media posts allegedly defaming AEL and to not publish such material against the firm till the next hearing.
Journalist bodies had expressed concern and disappointment over the ex parte order as well as the subsequent I&B ministry notice asking media houses and a number of YouTube channels to take down material that mentioned the Adani Group.
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