New Delhi [India], April 14 Journalist Sucheta Dalal has moved a Delhi court challenging the order banning any news content linking Manoj Kesarichand Sandesara or his family members to the alleged Sterling Biotech bank fraud case.
District Judge Vinod Kumar Meena of the Tis Hazari Courts heard the matter on April 13 and issued notice to Manoj Sandesara, Google and Meta. The case will be heard next on April 29. Advocate Hemant Shah appeared for Manoj Kesarichand Sandesara and accepted notice.
In her appeal, Dalal has argued that she was not even named as a defendant in the original suit despite her content being targeted by the injunction.
The plea states that the impugned order covers multiple articles and a video published on her platforms, and alleges that the plaintiff obtained the ex parte relief by omitting material particulars and failing to identify the publisher despite such details being publicly available.
The petition further contends that none of the impugned content directly mentions Manoj Sandesara, and instead refers broadly to the "Sandesara family," thereby lacking a direct cause of action for defamation. It also asserts that the publications constitute fair comment on matters of public interest, carried out with due diligence, and that their veracity can be established during trial if required.
Additionally, Dalal has challenged the injunction on procedural and constitutional grounds, stating that no notice was served upon her despite readily available details, resulting in a violation of principles of natural justice. The plea argues that the sweeping nature of the order amounts to a blanket restraint on journalistic content and fails to meet the legal standards required for grant of interim relief.
The challenge arises from an ex-parte ad-interim injunction granted by a Delhi court directing Google LLC and other digital platforms to take down and restrict access to allegedly defamatory content concerning Manoj Kesarichand Sandesara and his family.
The court had ordered de-indexing and removal of related material within 36 hours, even extending to content not specifically identified in the plaint.
The suit was filed by Manoj Sandesara seeking damages and removal of allegedly defamatory content. Advocate Hemant Shah, appearing for the plaintiff, had pressed for urgent relief and secured the interim order, with the court observing that continued circulation of such material could cause irreparable harm to reputation.
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