Hindi English Translation || Editorial || Timely restatement: On pre-trial injunctions against the media and Court order

Timely restatement: On pre-trial injunctions against the media and Court order

Supreme Court makes a case against pre-trial restraint on journalistic content

A restatement of basic principles of law is always welcome (pleasing, agreeable, favourable, promising, much needed), especially if there are judicial orders that seem to ignore them. The Supreme Court’s recent order cautioning courts against granting pre-trial injunctions (निषेधाज्ञा, आदेश) against the media in civil suits (a court case involves a legal dispute between two or more parties (plaintiff & defendant)) for defamation (मानहानि) is a reminder that such orders could have severe ramifications (outcome, end result, consequence, implications, repercussion) on the freedom of speech and may impair (ख़राब करना) the public’s right to know. “Granting interim (अंतरिम) injunctions before the trial (मुकदमा) commences (begin, start), in a cavalier (“casual, indifferent, dismissive, uninterested, unconcerned (about serious/important matter)) manner results in the stifling of public debate,” the Court observed (comment, remark, say, mention), while setting aside a Delhi lower court order, also confirmed by the Delhi High Court, that directed news outlet (an organization that publishes journalism) Bloomberg to take down (remove, take out, delete) an article concerning Zee Entertainment Enterprises Ltd. within a week for being allegedly (कथित रूप से) defamatory (defaming, abusive, mud-slinging, disparaging, insulting). The brief (संक्षिप्त) order has not only reiterated (दोहराना) the standard three-fold (तिगुना) test for granting interim injunctions in general, but reminded the judicial officers that the “constitutional (संवैधानिक) mandate (आदेश, निर्देश) of protecting journalistic expression cannot be understated (underemphasize, play down, underplay)” when it comes to cases against the media. The admonition (चेतावनी) against courts mechanically (automatically, without thinking, casually, carelessly) applying the three limbs (branch, arm, wing, part) of the test — whether there is a prima facie (“It is a Latin expression meaning ‘at first sight/look/view’, at firs appearance, based on first impression. It may be used as an adjective meaning ‘sufficient to establish a fact or raise a presumption unless disproved or rebutted’. It is used for a belief that is accepted as correct until proven otherwise; It literally means ‘at first face’) case, whether the ‘balance of convenience (सुविधा का संतुलन)’ is in favour of (in support of, to the advantage of) an interim restraint (restriction, limitation, control), and lastly (finally, ultimately), whether not granting it will cause “irreparable (irreversible, irremediable, unrecoverable) loss or harm” to the plaintiff (a person who is bringing a lawsuit against another person before a court; claimant, litigator, petitioner) — by merely (only, simply, just) recording that these grounds (reason, justification, cause, rationale, pretext, premise, factor) have been satisfied is quite apposite. The courts granting an injunction are also expected to record reasons by analysing the facts.

However, it is with unfortunate frequency that one hears of three kinds of judicial orders that place questionable curbs (constraint, restriction, limitation, control) on journalistic publications: outright (complete, clear, downright, stark, categorical, unequivocal, all-out) gag orders (gagging order; it is an order, typically a legal order by a court or government, restricting information or comment from being made public or passed onto any unauthorized third party) banning any publication of information related to cases being heard by the courts, omnibus prior restraint orders against all media houses based on a plaintiff’s fear that a defamatory statement may be repeated by others and, finally, pre-trial (a hearing prior to trial, which all parties involved in the trial attempt to determine the issues, laws, or facts matter, before the court trial) orders to specific media houses to take down an article and refrain from (desist from, stop oneself, abstain, forgo, discontinue, hold back) further publication. Such orders will not be possible unless one ignores the common law principle in Bonnard vs Perryman, which lays down the standard that there can be an injunction in a defamation suit only if the court feels that the content is defamatory and that there can be no way (not at all) the publication can be justified during trial, for instance (for example) by pleading the defence of truth and public interest. The latest order also contains a reminder that those with influence (power, authority, leverage, sway, weightage, clout, muscle) and economic power can resort to (have recourse to, fall back on, turn to, make use of, use) ‘SLAPP’ (Strategic Litigation/Lawsuit against Public Participation), a tactic often used to stifle public criticism of projects and companies. The Court has struck the right note when it warns that an early injunction in what could be a prolonged (lengthy, extended, protracted, unending, unrelenting) trial acts as a ‘death sentence (punishment, prison term; conviction, judgement, verdict)’ against the material to be published.

Courtesy: The Hindu

Important Word List With Meaning

1.timely (adjective)

Hindi Meaning - समय पर, शीघ्र
English Meaning - prompt, well timed, at the right time, opportune, appropriate.

2.trial (noun)

Hindi Meaning - मुकदमा
English Meaning - court case, lawsuit, inquiry, hearing, legal proceedings, legal action.

3.injunction (noun)

Hindi Meaning - निषेधाज्ञा, आदेश
English Meaning - instruction, command, order, direction, mandate.

4.defamation (noun)

Hindi Meaning - मानहानि
English Meaning - it is defined as spoken or written words or visible representations, concerning any person intended to harm his/her reputation; character assassination, libel, misrepresentation, vilification, backbiting, abuse, scandalmongering, malicious gossip.

5.impair (verb)

Hindi Meaning - ख़राब करना
English Meaning - damage, weaken, spoil, undermine, vitiate.

6.interim (adjective)

Hindi Meaning - अंतरिम
English Meaning - provisional, temporary, short-term, brief, transitional.

7.set aside (phrasal verb)

Hindi Meaning - रद्द करना, खारिज करना
English Meaning - overrule, cancel, revoke, reverse, nullify, quash, abrogate.

8.allegedly (adverb)

Hindi Meaning - कथित रूप से
English Meaning - apparently, supposedly, evidently, seemingly, reportedly, presumably, ostensibly.

9.brief (adjective)

Hindi Meaning - संक्षिप्त
English Meaning - temporary, short-term, short-lived, momentary, transitory.

10.reiterate (verb)

Hindi Meaning - दोहराना
English Meaning - say something again; say again, repeat, retell, restate, iterate, recapitulate

11.three-fold (adverb)

Hindi Meaning - तिगुना
English Meaning - having three parts.

12.constitutional (adjective)

Hindi Meaning - संवैधानिक
English Meaning - legal, lawful, legitimate, rightful.

13.mandate (noun)

Hindi Meaning - आदेश, निर्देश
English Meaning - instruction, command, order, direction, injunction.

14.admonition (noun)

Hindi Meaning - चेतावनी
English Meaning - criticism, censure, rebuke, reproval, reproach, scolding, castigation, condemnation, reprimand.

15.balance of convenience (noun)

Hindi Meaning - सुविधा का संतुलन
English Meaning - a legal term used to describe how a court would weigh up the convenience for you of being granted the injunction, in comparison to the inconvenience that it may cause for the other side. In practice this does not refer to the consideration of the merits or viability of your case. Instead it considers the interests of both parties.

16.pre-trial (noun)

English Meaning - a hearing prior to trial, which all parties involved in the trial attempt to determine the issues, laws, or facts matter, before the court trial.

17.make a case (phrase)

English Meaning - to argue for something, to defend an idea/opinion/viewpoint.

18.restraint (noun)

English Meaning - restriction, limitation, control.

19.welcome (adjective)

English Meaning - pleasing, agreeable, favourable, promising, much needed.

20.civil suit/trial (noun)

English Meaning - a court case involves a legal dispute between two or more parties (plaintiff & defendant).

21.ramification (noun)

English Meaning - outcome, end result, consequence, implications, repercussion.

22.commence (verb)

English Meaning - begin, start.

23.cavalier (adjective)

English Meaning - “casual, indifferent, dismissive, uninterested, unconcerned (about serious/important matter).

24.result in (verb)

English Meaning - cause, lead to, bring about, produce, give rise to.

25.stifle (verb)

English Meaning - constrain, restrain, prevent, hamper, impede.

26.observe (verb)

English Meaning - comment, remark, say, mention.

27.outlet (noun)

English Meaning - an organization that publishes journalism.

28.take down (phrasal verb)

English Meaning - remove, take out, delete.

29.defamatory (adjective)

English Meaning - defaming, abusive, mud-slinging, disparaging, insulting.

30.understate (verb)

English Meaning - underemphasize, play down, underplay.

31.mechanically (adverb)

English Meaning - automatically, without thinking, casually, carelessly.

32.limb (noun)

English Meaning - branch, arm, wing, part.

33.prima facie (adjective)

English Meaning - “It is a Latin expression meaning ‘at first sight/look/view’, at firs appearance, based on first impression. It may be used as an adjective meaning ‘sufficient to establish a fact or raise a presumption unless disproved or rebutted’. It is used for a belief that is accepted as correct until proven otherwise; It literally means ‘at first face’.

34.in favour of (phrase)

English Meaning - in support of, to the advantage of.

35.lastly (adverb)

English Meaning - finally, ultimately.

36.irreparable (adjective)

English Meaning - irreversible, irremediable, unrecoverable.

37.plaintiff (noun)

English Meaning - a person who is bringing a lawsuit against another person before a court; claimant, litigator, petitioner.

38.merely (adverb)

English Meaning - only, simply, just.

39.grounds (noun)

English Meaning - reason, justification, cause, rationale, pretext, premise, factor.

40.curb (noun)

English Meaning - constraint, restriction, limitation, control.

41.outright (adverb)

English Meaning - complete, clear, downright, stark, categorical, unequivocal, all-out.

42.gag order (noun)

English Meaning - gagging order; it is an order, typically a legal order by a court or government, restricting information or comment from being made public or passed onto any unauthorized third party.

43.omnibus (noun/adjective)

English Meaning - the Latin word literally meaning “for all”; consisting of several parts/items; consisting of many different things/points; covering a number of diverse or unrelated topics; all-embracing, all-in, comprehensive, exhaustive, all-inclusive.

44.refrain from (verb)

English Meaning - desist from, stop oneself, abstain, forgo, discontinue, hold back.

45.Bonnard vs Perryman Principle (noun)

English Meaning - it, in essence, means that a court should not grant an interim injunction in respect of an allegedly defamatory publication when the defendant takes a plea of truth of the content as justification and the court thinks that the defendant is not certain to fail at trial.

46.lay down (phrasal verb)

English Meaning - formulate, stipulate, set down, draw up, frame.

47.no way (phrase)

English Meaning - not at all.

48.for instance (phrase)

English Meaning - for example.

49.influence (noun)

English Meaning - power, authority, leverage, sway, weightage, clout, muscle.

50.resort to (verb)

English Meaning - have recourse to, fall back on, turn to, make use of, use.

51.Strategic Litigation/Lawsuit against Public Participation (SLAPP) (noun)

English Meaning - it refers to lawsuits brought by individuals and entities to dissuade (prevent/discourage) their critics from continuing to produce negative publicity. By definition, SLAPP suits do not have any true legal claims against the critics.

52.strike a note (phrase)

English Meaning - to express a particular type of opinions or feelings about something); communicate, indicate, cite, call to mind, bring to mind.

53.prolonged (adjective)

English Meaning - lengthy, extended, protracted, unending, unrelenting.

54.sentence (noun)

English Meaning - punishment, prison term; conviction, judgement, verdict.