The Bombay High Court has granted interim relief to Serum Institute of India (SII) in its defamation suit seeking damages of ₹100 crore from individuals and organizations that allegedly posted false and defamatory content against the company. The verdict was pronounced by Justice RI Chagla.
The judge held that the content in question was prima facie defamatory, as no justification was provided by the defendants for the statements made. As a result, the High Court has temporarily restrained the defendants - Yohan Tengra, his organization Anarchy for Freedom India, and Ambar Koiri and his organization Awaken India Movement - from publishing any derogatory and defamatory statements against SII or its employees. The defendants have been directed to delete and remove the defamatory videos and contents.
The suit filed by SII, represented by Parinam Associates, highlighted that the defendants had also been disseminating incorrect information about the ongoing legal proceedings involving SII. The defendants' websites were freely accessible without any prior subscription, according to SII's claims. Additionally, the individuals had been posting content falsely alleging that Covishield, a vaccine produced by SII to prevent the spread of COVID-19, was responsible for causing deaths 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 had declined to grant immediate relief to Serum Institute due to time constraints. In response, the defendants filed a reply through their lawyers, Advocates Nilesh Ojha and Abhishek, seeking dismissal of the suit. They also filed a counterclaim, requesting the prosecution of SII for making incorrect statements about the effects of the Covishield vaccine.
The judge stated that the material relied upon by the defendants to support their supposed defamatory statements was irrelevant to the present suit's cause of action. The court clarified that the current defamation suit did not involve determining whether the vaccines were good or had harmful side effects. That issue is being addressed separately in an independent writ petition or public interest litigation filed before the court.
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TAGS: Defamation suit Serum Institute of India (SII) interim relief Bombay High Court damages erroneous content defamation Yohan Tengra Anarchy for Freedom India Ambar Koiri Awaken India Movement publishing content derogatory statements defamatory videos legal proceedings incorrect information Covishield vaccine deaths side effects Chief Executive Officer Adar Poonawalla Parinam Associates counterclaim prosecution High Court verdict.
