The Gujarat High Court has once again restored the gag order on The Wire in the Jay Shah defamation case. The court mentioned that the only issue it was ruling on was whether the trial court had committed an error in impugning its earlier injunction order or not. In this regard, the court said that it looked at three things: a) Is there a prima facie case? b) Is there a balance of convenience? c) Was there irreparable loss? The court said that based on the trial court's orders, both when the initial injunction was ordered and when it was later impugned, it is clear there is a prima facie case. In regards to the other two issues the court said: It next needs to be considered, what satisfaction the Trial Court has recorded with regard to the remaining two parameters, as to the balance of convenience lies where, and who would suffer irreparable loss, if the injunction as prayed for is granted/not granted. From record it transpires that, the Trial Court has, in terms, arrived at the conclusion in favour of the plaintiff on these issues. This Court has considered the reasons and the satisfaction recorded by the Trial Court in the impugned order, more particularly in Para: 22 and 23 of the order. Para 22 says ‘...the defendants have failed to show any justification about the nexus of the Hon’ble Prime Minister with the increase in the business of the plaintiff’s Company.’ Para 23 says ‘...the defendants have failed to…
