Calcutta High Court Restrains Streaming of Sabeer Bhatia’s Video on Modi-Adani Links
The Court found no evidence that the Adani Group is involved in smuggling of narcotics or fund for terrorism and fake case against farmer.
A video "The Friendship Files| How Modi and Adani Stole India" has been restricted from online streaming by the Calcutta HC, after a defamation suit was filed by Adani Enterprises [Adani Enterprises Limited VS Sabeer Bhatia and Ors. ].
Hon'ble Justice Aryak Dutt stated that this restriction will continue until Jan 31 2027, when the next hearing of the suit would take place.
As per the Court the video created by Indian American Businessman Sabeer Bhatia along with another channel 'Shadow Citizens' is not a news report.
There are no authorities to establish that Adani Group is involved in smuggling of narcotics which may be related to terrorism funding or causing harm to a farmer at hands of Police, stated Justice Dutt.
The video was already taken down from its original source but was uploaded again by Mr. Bhatia which the Court found prima facie to be not done in good faith.
"It is always permissible to provide constructive criticism on the Petitioner or its policies of the government as long as there is truth to it and evidentiary value to back it up. When content goes viral it is difficult to prevent people from sharing and republishing. If this Order is not passed today its efficacy will be diluted as there will be more reposts and uploads done before Respondents [Mr. Bhatia & Ors] are heard." Stated the Court.
The Court further went on to state that this Order will not limit any constructive criticism or reporting on Adani Group and its Government Policies.
The Order was passed after Adani Enterprises Ltd filed a Defamation suit against Mr. Bhatia and others over a video uploaded on 9th October. The video was a 36 minutes long clip uploaded on Mr. Bhatias youtube channel in association with Shadow Citizens channel. The Video was also shared on X.
The video received a view count of more than 80,000 on YouTube and X.
In the suit Adani Enterprises Ltd sought to restrain Mr. Bhatia and other YouTube channels from uploading and sharing the video. It also sought restriction on his handle on Meta Platforms and X.
The video had also been restricted by the Government when it was reported that there was no due diligence done while making the video and contained defamatory content.
But was shared and reposted on many Social Media handles.
It was contended by Adani Enterprises Ltd that none of the allegations stated in the video are true and many facts have been left out to create a story against them. Also its reputation is affected and guaranteed by the Constitution as right to life Article 21.
Also it was mentioned that they don't seek to impede on constructive criticism on Governments policy. Its merely to stop Mr. Bhatia and others YouTube Channels and Social Media Handles from circulating the video.
The Court after hearing on the matter has barred from Sharing and Publishing the video. It also asked to take down the video from all platforms.
The Court found that the documentary was made into a fictitious story with the title insinuating theft.
Mr. Anirban Ray Senior Advocate with Advocates Mr. Sanjay Basu, Mr. Amit Kumar Nag, Mr. Piyush Agarwal, Ms. Shivangi Thard, Ms. Ranjabati Ray, Ms. Shrivalli Kajaria and Mr. Debojyoti Das appeared for Adani Enterprises.
Ms. Pragya Jain appeared for Google.
