The Supreme Court (SC) has urged trial courts to exercise
caution when granting pre-trial injunctions in defamation cases
against media articles. The SC specifically referred to
"SLAPP", an acronym for Strategic Litigation against
Public Participation. The topic was raised in a recent case
involving Bloomberg and Zee Enterprises Ltd., wherein the SC set
aside an interim injunction granted by the trial court.
The Supreme Court criticized the trial judge for failing to
adequately consider the strength of the plaintiff's case and
not dealing with the balance of convenience, and the irreparable
harm caused before granting the interim injunction. It emphasized
that appellate courts have a duty to intervene if such injunctions
are granted arbitrarily. While the grant of interim injunctions
involves discretionary power, appellate courts should step in if
the discretion is exercised arbitrarily or contrary to established
legal principles.
