Delhi High Court asks The Morning Context to move single-judge for vacation of injunction in OFB's case

The Delhi High Court on Friday asked the news portal The Morning Context to approach single-judge for vacation of an injunction order passed against it in a defamation suit filed by OFB Tech Private Limited (OFB)..A Division Bench of Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora was hearing the news organization's appeal against the order directing it to take down its news report about a criminal case involving the management of OFB.In the meantime, the Court also asked OFB to not press its contempt application over delay in takedown of the news article."Free speech is involved in this, don’t rush into it," the Court told the OFB..OFB has filed a ₹2 crore defamation suit against The Morning Context over an article titled 'OfBusiness co-founders and management allegedly assaulted an employee, says FIR.' The October 7 news article was authored by Abir Dasgupta (editor at The Morning Context). It reported a criminal complaint lodged by a former employee of OFB, who alleged that he was kidnapped, threatened and physically assaulted at the company’s Gurugram headquarters in August.OFB denied it, saying it was the complainant who had come to its Gurugram office to confess certain wrongdoings and misconduct and to amicably settle the matter by paying or collecting dues.According to OFB, the article presented a lopsided narration of a former employee's frivolous allegations as part of a pre-planned conspiracy to injure its reputation.Justice Vikas Mahajan on October 15 came to a prima facie conclusion that article cannot be protected "under the defences of truth, fair comment and privilege" and thus ordered its take down.The news website was also restrained "from, in any manner, directly or indirectly, publishing, posting, communicating, circulating the impugned Article or any material containing the defamatory imputations made in the impugned Article, till further orders".Before the Division Bench, Senior Advocate Saikrishna Rajagopal representing the Slowform Media - which owns The Morning Context, today submitted that injunction order was passed without giving an opportunity to file a reply to the defamation suit.It sets an extremely dangerous precedent as far as free speech is concerned, the counsel added. "Sweeping observations made in the impugned order," the Court was told.In response, Senior Advocate Bansuri Swaraj for the OFB submitted that a closure report has already been filed in the criminal case reported by the news portal. "They are circumventing the Court’s order," she said while opposing the appeal..However, the Court remarked that observations in the single-judge's order were only tentative. "All observations are tentative. Don’t press your contempt at this point or we will pass a stay on your contempt. Let him have his say in Court," Justice Manmohan told the OFB. The Court also asked The Morning Context to avail the alternative remedy of seeking vacation of the single-judge's injunction instead of pressing the present appeal. "You file the application, we will expedite the matter," the Court said as it requested the Single Judge to decide the same expeditiously. .Senior Advocates Bansuri Swaraj and Malvika Trivedi with advocates Sanyam Khetarpal and Lisa Sankit appeared for OFB.Senior Advocate Saikrishna Rajagopal represented the Slowform Media.