Kochhar & Co. Achieves a Significant Victory in the Supreme Court of India

Firm News
22 March 2024

Kochhar & Co. achieved a significant victory in the Supreme Court of India while representing Bloomberg, marking an important moment in upholding the rights of free speech and journalistic freedom.

The firm’s litigation team, led by Mr. Rohit Kochhar, chairman & managing partner, supported by partners Mr. Shiv Sapra and Mr. Samiron Borkataky, along with Mr. Ikshvaaku Marwah, Mr. Rajat Gava, Ms. Sanskriti Shrimali and Mr. Vishal Singh, successfully represented Bloomberg in a special leave petition before the Hon’ble Supreme Court of India challenging an order passed by the Delhi High Court which had upheld a ‘take down’ order issued by the Additional District Judge, New Delhi.

The Supreme Court’s order set aside the previous orders of the District Court and the Delhi High Court, which had directed Bloomberg to ‘take down’ an article published on February 20, 2024, in relation to ZEE’s corporate governance issues.

The bench comprising Chief Justice Hon’ble DY Chandrachud and Hon’ble Justices JB Pardiwala and Manoj Misra, observed, inter alia, that a court passing an ex parte injunction order of a mandatory nature is required to record that there was more than a prima facie case in favour of the plaintiff whilst meeting the three-fold test for granting an injunction which must be satisfied through an evaluation of the facts and reasons to be recorded.

The case has received extensive media coverage, highlighting its importance and impact on the principles of freedom of speech as enshrined in Article 19 of the Indian Constitution.

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