(supra), it has been held by the Court that the injunction, if any, has to be in
the narrowest terms.
Rejoinder submissions by the Plaintiffs
18.
In rejoinder submissions, Mr. Darpan Wadhwa, ld. Senior Counsel
submits that the plaint is not lacking in material particulars. In various
paragraphs, the manner in which the content uploaded in the video is
defamatory has been set out. Specific reliance is placed on pages 31, 33, 38,
39 and 53 of the plaint. Reliance is also placed on the judgment of the ld.
Single Judge, specifically, pages 91, 118, 119, 121, 178, 179 and 201 where
the very same content, as contained in the video, has been dealt with as part
of the book. It is further submitted by Mr. Wadhwa that the right of
reputation is a Right under Article 21 of the Constitution. Thus, the Court
has to balance the Plaintiff‟s rights enshrined in Article 21 as against the
rights under Article 19, which are being claimed by the platforms
19.
Insofar as the argument of mis-joinder and non-joinder is concerned,
he submits that the BSI does not give any details except the IP addresses.
Only in some cases, mobile numbers and e-mail addresses have been given.
It is not clear if those individuals are even identifiable.
20.
He relies upon the pleadings i.e. written statements filed by the
platforms wherein the platforms are attempting to justify as to why global
blocking orders ought not to be granted. He submits that the apprehensions
of conflict of laws and violation of the principle of comity of courts are all
theoretical. He relies upon the judgment in Equustek-I (supra), especially
paragraphs 20 and 27, to argue that Google Inc. is subject to personal
jurisdiction before this Court and hence any injunction order granted by the
CS (OS) 27/2019
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