Supreme Court Sets Aside Order Directing Bloomberg To Take Down ZEE Article

While hearing a Special Leave Petition filed by Bloomberg, a Bench comprising of Chief Justice of India DY Chandrachud, set aside an ex-parte injunction order passed by the District Court directing Bloomberg to take down an Article dated February 20, 2024. The order of the Delhi High Court upholding the District Court's order was also set aside. 

During the hearing, the Bench observed that the courts did not establish a prima facie case for the injunction justifying the balance of convenience in favour of Zee and the potential for irreparable injury in the absence of the injunction. The top Court further observed that even the High Court's order upholding the trial court's directions had been passed without adequate reasoning. 

"Writing five pages doesn't show that an application of mind was made," the three-judge bench, headed by Chief Justice of India DY Chandrachud said.

The Apex Court then directed the trial court to hear the matter and pass a reasoned order. The case is likely to come up for a hearing before the trial judge on March 26.

The District Court had, vide its order dated March 1,2024, issued an order directing Bloomberg to 'take down' a news report that alleged a $241-million accounting irregularity at Zee having been uncovered by SEBI. Zee had contended that the article contained "unverified claims" and improperly linked it to certain SEBI orders.

Bloomberg challenged the order before the Delhi High Court, saying that it was an 'unreasoned order' and was passed without giving it an opportunity or hearing. The High Court refused any relief to the media major and ordered removal of the article from its website within 3 days.

Senior Advocates Mukul Rohatgi, Niraj Kishen Kaul and Menaka Guruswamy appeared for the Petitioners before the Supreme Court. They were briefed by Kochhar & Co., through its litigation team comprising of Mr. Rohit Kochhar, Chairman and Managing Partner, Mr. Shiv Sapra (Partner), Mr. Samiron Borkataky (Partner), Mr. Rajat Gava (Principal Associate), Mr. Ikshvaaku Marwah (Associate), Ms. Sanskriti Shrimali (Associate) and Mr. Vishal Singh (Associate).