HarperCollins had moved an appeal against the injunction order passed by a District Court in a suit preferred by co-convict in the Asaram Bapu rape case, Sanchita.
The Delhi High Court today set aside the ex parte interim injunction order restraining the publication of a book on Asaram Bapu titled ‘Gunning for the Godman: The True Story Behind Asaram Bapu’s Conviction’ (HarperCollins v. Sanchita).
The order was pronounced by a Single Judge Bench of Justice Najmi Waziri inHarperCollins’ appeal against the injunction order passed by a district court in a suit preferred by co-convict in the Asaram Bapu rape case, Sanchita.
The Court directed that the already printed copies of the book be sold along with a flyer clarifying that the book is based on the judgment of a trial court, which is under appeal.
For online sale, the disclaimer should be given electronically, the Court added.
Seeking a vacation of the stay order, HarperCollins had contended that pre-publication censorship ought to be done very cautiously and that there was no occasion for the same in the present case.
HarperCollins informed the Court that the allegedly defamatory content was based entirely on the trial record and judgment.
It was added that the co-accused, Sanchita malafidely waited until the eve of the publication to seek a stay when the public announcement with respect to the book launch was done in July.
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Sanchita, on the other hand, argued that her right to reputation and fair trial ought to be balanced with the right under Article 19(1)(a) of the Constitution.
Stating that the appeal against the conviction was still pending, it wasclaimed that there was a continuation of trial and irreparable injury would be caused if the publication of the book was allowed.
The book, ‘Gunning for the Godman: The True Story Behind Asaram Bapu’s Conviction’, is authored by Ajay Lamba, Additional Commissioner of Police, Jaipur and Sanjiv Mathur, and was scheduled to be released on September 5, 2020.
Source ; http://bar and bench