The Calcutta High Court has granted an ad-interim injunction restraining Sabeer Bhatia and other respondents from publishing or circulating a video titled “How Modi and Adani Stole India: The Friendship Files”, which allegedly contains defamatory imputations against Adani Enterprises Ltd and the Adani Group.
Justice Aryak Dutt in a suit filed by Adani Enterprises seeking damages for defamation and permanent and mandatory injunctions. The Court directed the respondents to remove the video, its clips and materially identical reproductions from accounts under their control. YouTube, X and Instagram were also directed to remove or disable access to the video at the specific URLs listed in the petition, including associated reposts, shares and other engagements through which the content remained accessible.
The Court observed, prima facie, that the video was a dramatised narrative whose title expressly imputed theft and whose narration and visuals were presented as factual. It also noted that certain allegations in the video, including claims concerning narcotics smuggling linked to terror funding and alleged police violence against a farmer, were assertions of fact, and that no finding by any authority supporting those allegations had been placed before the Court.
The Court emphasised that pre-trial injunctions in defamation cases involving matters of public interest must be granted with great caution, keeping in mind the public’s right to know and the potential chilling effect on free expression. However, it found that the case fell within the exceptional category warranting interim relief, noting that the original upload had already been disabled in India, while the video allegedly continued to be reposted and recirculated.
The injunction will remain in force until January 31, 2027, or until further orders, whichever is earlier. The Court clarified that the order does not restrain constructive criticism or fair reporting concerning Adani Enterprises, the Adani Group or government policy, except through the impugned video, its reproductions or the specified allegedly defamatory statements. The observations are prima facie and the matter remains pending.
