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Page:October 16 2024 ANI v Wikimedia order.pdf/2

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publication that the impugned order passed by the learned Single Judge to release the identities of the editors who made the edits amounted to ‘censorship and a threat to the flow of information’.

2. This Court is of the prima facie view that the aforesaid comment on the impugned order passed by the learned Single Judge amounts to interference in Court proceedings, and that too, on a website managed by Wikimedia Foundation Inc. who is a defendant in the suit. The subjudice principle, prima facie, seems to have been ‘violated with impunity’ by Wikimedia Foundation Inc. – the appellant herein.

3. This Court is also informed by the learned counsel for respondent No.1 that after the last hearing, the observations made by this Bench have been ‘opened up for discussion’ on Wikimedia Foundation Inc. website which, according to us, complicates and compounds the issue at hand.

4. At this stage, Mr. Akhil Sibal, learned senior counsel for the appellant, on instructions, states that neither the pages wherein the impugned order passed by the learned Single Judge have been commented upon nor the pages on which the discussion qua the observations made by the Division Bench have been created by the Wikimedia Foundation Inc. He further states that, in the event this Court were to direct take down of the offending pages and discussions, the said order would be complied with.

5. Since this Court is of the prima facie view that the aforesaid comments on the impugned order passed by the learned Single Judge and the discussion on the observations made by this Bench amount to interference in Court proceedings and violation of the subjudice principle by a party to the proceeding and borders on contempt, this Court directs Wikimedia Foundation Inc.– the appellant herein to take down/delete the

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The Order is downloaded from the DHC Server on 16/10/2024 at 21:55:44