Keywords – Covid-19 , vaccine, prima facie defamatory
The Bombay High Court on Monday granted interim relief to Serum Institute of India (SII)and its CEO Adar Poonawalla in its defamation suit seeking damages to the tune of ₹100 crore from organisations and individuals who were allegedly posting prima facie defamatory content against the company.
It said having considered the contents, the statements are prima facie defamatory ,there is no justification. The plaintiffs alleged that defendants had posted a series of videos, defamatory posts, articles and videos against Poonawalla regarding the adverse effects of Covishield vaccine.It therefore sought a permanent injunction and apology from the duo. Senior Advocate Aspi Chinoy instructed by Parinam Law Associates had argued, “People who are responsible for saving four million lives are now being branded as mass murderers. You may have your views but you can’t publish it in this manner,”.He emphasized that the defendants had also been posting incorrect information about the legal proceedings SII was involved in.
SII added in the suit that their sites were freely accessible without any prior subscription. SII elaborated that the individuals had been posting content alleging that the Covidshield, a vaccine produced by SII to prevent the spread of COVID-19, was the cause of the deaths of multiple persons due to side effects.These posts not only targeted SII, but also its Chief Executive Officer Adar Poonawalla.
On December 22, 2022, the High Court refused to grant immediate relief to Serum as there was paucity of time to hear the parties for relief.
The defendants filed a reply through their lawyer’s Advocates Nilesh Ojha and Abhishek seeking dismissal of the suit. They also filed a counter claim seeking prosecution of SII for making incorrect statements about the effects of the Covishield vaccine.
The judge opined that the material relied upon by the defendants in support of their supposed defamatory statements is in no way germane to the cause of action in the present Suit.
Justice Riyaz Chagla pronounced the verdict today .“I am of the prima facie view that the contents are in fact per se defamatory in that there is no justification made out by the defendants in support of the statements made”.
The High Court temporarily restrained the defendants. Justice Riyaz Chagla disposed of the interim application filed by SII and Adar Poonawalla against social media influencer Yohan Tengra, his organisation Anarchy for Freedom India, and Ambar Koiri and his organisation Awaken India Movement from publishing any content against SII or its employees. The order stated “Defendants are restrained from making, publishing , reproducing ,circulating , speaking , communicating, any derogatory and defamatory statements. They are directed to forthwith delete and/or remove the defamatory videos and defamatory contents”.
1The court held “In view of the present Suit being a defamatory Suit, this Court is not called upon consider the issue as to whether the vaccines are bad and/or having harmful side effects. This issue arises in an independent Writ Petition/ Public Interest Litigation separately filed before this Court”.
Written by – Drishti Pandey ,College – S.S.Khanna Girls Degree College, University of Allahabad, Semester – 4 th an intern under legal vidhiya
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