‘The Wire’ barred from writing on Jay Shah to protect his ‘right to live with dignity’

On October 8, The Wire had published a report stating, among other things, that the turnover of a company owned by (Amit) Shah’s son increased 16,000 times in the year following election of Narendra Modi.

Written by Satish Jha | Ahmedabad | Updated: October 19, 2017 7:17 am
The Wire, Jay Shah, Amit Shah, Amit Shah son, Jay Shah business turnover, Ahmedabad court, BJP, India news, Indian Express Amit Shah with his wife at their son Jay Shah’s wedding in Ahmedabad. (file photo)

An Ahmedabad court last week passed an order barring The Wire from publishing any further report on BJP president Amit Shah’s son Jay Shah’s business turnover “so that the right to live with dignity of the plaintiff (Jay) may be protected”.

Additional Senior Civil Judge B K Dasondi of Ahmedabad rural court observed that the “injunction should be granted to applicant/plaintiff (Jay)” even though notice was not served upon the opposite parties (The Wire, its editor, the writer of the article, and others).

About not hearing arguments of the website before issuing the injunction, the order said, “…it is mandatory for this court to issue notice of such application to the opposite party (The Wire). But in the present case, it appears that if an immediate remedy is not given to the applicant, there is a chance of publishing the news, for which the present plaintiff has filed the suit.”

On October 8, The Wire had published a report stating, among other things, that the turnover of a company owned by (Amit) Shah’s son increased 16,000 times in the year following election of Narendra Modi.

The order stated, “This court is of the opinion that if the application (of Jay) is not allowed, then it may lead to prejudice with the rights and interest of the applicant.”

In his order, the judge prohibited the website from “using and publishing or printing in any electronic, print, digital or any other media, or broadcast, telecast, print and publish… in any language on the basis of article published in “The Wire” dated 8/10/17 either directly or indirectly on the subject matter with respect to plaintiff in any manner whatsoever”.

The court directed Jay to “deliver to the opposite parties (The Wire) a copy of application”.

The order was passed on October 12 on a civil suit and damage for Rs 100 crore, filed by Jay against The Wire.

The order mentions that although notice to appear has not been served to the defendants (The Wire), Jay’s advocates sought grant of “interim injunction, as serving notice to the defendants would tantamount to cause injury to the immediate legal rights of the applicants”.

Senior counsel Nirupam Nanavati, who appeared for Jay, submitted, “If ad-interim injunction will not be granted, then the defendants may tarnish the reputation and dignity of the plaintiff.” He also submitted, according to the court’s order, that “procedure of serving notice for the present application would result in delay, and such delay would defeat the purpose of granting injunction…”

Citing two judgments of the Delhi HC, judge Dasondi wrote, “…this court has discretionary power to grant interim relief in case where the defendants no-1 to 7 has published online news, for which the present suit has been filed by the plaintiff. It appears to this court that injunction should be granted to applicant/plaintiff…”

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  1. Sulekha Bhattacherjee
    Dec 23, 2017 at 6:09 pm
    December 23, 2017: The civil court, Mirzapur, Ahmedabad on December 23, 2017, vacated the ex parte ad interim ction imposed on The Wire in the wake of its recent story on the the meteoric rise in the business activities of BJP president Amit Shah’s son, Jay Shah, following the Bharatiya Janata Party’s ascension to power in 2014....Today’s decision by the civil court is a vindication of The Wire’s fundamental stand that its article ‘The Golden Touch of Jay Amit Shah’ was a legitimate exercise of the freedom of expression in the public interest. ( s: thewire /207673/victory-wire-court-lifts- ction-granted-jay-amit-shah/)
    1. R
      R C MOHAN
      Oct 26, 2017 at 9:09 am
      In democracy any one can throw allegations against anyone. But it should be with proof to substantiate the allegations. I too can publish some false allegations against a leading political leader or a any popular person so as to tarnish his name for a temporary period. When the judiciary itself had found primal facial reason to bar the to stop from further publishing the false allegations, discussing about the subject matter indirectly too by people like Rahul and Congress is quite unbecoming of a decent ethics of politics. When cases like 2G, Herald are being taken up by court and the verdicts are to be announced shortly such utterances are quite ridiculous and childish.
      1. S
        Sachin jain
        Oct 26, 2017 at 8:27 am
        An apparent Downfall of BJP . No wonder , the BJP faces the same destiny nationwide as was shown to Modi by Kejriwal 3:67 seats Instead of justifying the unnatural rise in income of jay shah , the people's voice is being shut . Mr Modi and and mr Amit shah should know that we a democratic country and any undemocratic attempt to stop people's voice would bounce back on their face with double severity
        1. C
          Oct 22, 2017 at 11:50 am
          Time for all Indians to hang their heads in shame. This is daylight robbery. Robbing people of their right to express their views, to say what is true and expose the sewer grade mighty politicians and their kin caught in corruption and illegal acts. Even the judiciary is bought now. This govt will go to any extent to justify their acts of misdemeanour and wrongdoing. This is what happens when you acquit top grade murderers and criminals like Modi and Amit Shah. They go out and indulge in greater mayhem and yet roam around with their 56inch chests wide open and without a care in the world, because they know now, that nothing will touch them. What has this beloved nation of mine come to. Feel ashamed as an Indian.
          1. R
            Oct 22, 2017 at 3:05 am
            Democracy going down the drain. India will be a fascist state soon
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