Bombay HC orders removal of video targeting SII, Adar Poonawalla, issues notice to defendant: 'Deliberate disobedience'

The Bombay High Court ordered the removal of a derogatory video by influencer Yohan Tengra that labelled Serum Institute and CEO Adar Poonawalla as mass murderers.

The Bombay High Court on Wednesday asked social media platform X to remove a derogatory video linked to pharmaceutical company Serum Institute of India and its CEO Adar Poonawalla. The posts label them as 'mass murderers' after some deaths occurred due to the alleged adverse effect of the Covid19 vaccines

The video was uploaded by influencer Yohan Tengra

The court of Justice Gauri Godse observed that the video violated an earlier injunction order passed in a ₹100-crore defamation suit filed by the Serum Institute and Poonawalla. And, the court also issued a show-cause notice against Tengra and three others ‘for deliberate disobedience of the court’s injunction order.’

Tengra and others were restrained by the June 5, 2023, order from publishing or circulating defamatory videos and content. The same night Tengra uploaded a fresh video. On June 9, 2023, the plaintiffs issued a takedown notice to Google and X. Google complied but X refused, stating HC’s notice was not issued to it.

Here's how the dispute started

The dispute started when Tengra and his associates, his organisation Anarchy for Freedom India, Ambar Koiri and TV 10 L.I.V.E, an online news portal, allegedly published derogatory videos labelling Serum and its CEO as mass murderers.

Following this, the Serum Institute approached the court by way of a defamation suit, and in June 2023, the High Court restrained the defendants from circulating defamatory content.

However, the same evening, Tengra uploaded a fresh video explicitly refusing to comply with the court's directions. Serum approached the court citing non-compliance.

On September 29, Justice Godse refused to issue blanket directions to intermediaries to censor future uploads or suspend user accounts.

The Court clarified that Section 79 of the Information Technology Act does not turn intermediaries into “super-censors” with the authority to independently determine what content is unlawful.

The judge held that “actual knowledge” under the IT Rules arises only when a competent court issues an order identifying specific material and has determined that the content is unlawful.

Consequently, the Court granted an interlocutory mandatory injunction directing X Corp to take down the non-compliant video. It held that it was necessary to restore the status quo and compel the undoing of illegal acts.

Bench rebukes Tengra, counsel: ‘Bald, derogatory remarks against other parties, judges’

The bench also strongly rebuked Tengra and his counsel for repeated allegations against judges.

“It is unfortunate that sometimes the parties and their advocates, instead of following the procedure known to law, engage in making bald, baseless and derogatory remarks against other parties and the judges. Such conduct may result in ignoring the main cause and, in a given case, may defeat a genuine cause. Hence, such conduct needs to be deprecated,” the judge noted.

The matter will be heard next on October 27.

About the Author

Sanchari Ghosh is an Assistant Editor at Mint with over 12 years of experience in journalism, specialising in personal finance, DLT & DeFi, geopolitics and foreign policy, with a particular emphasis on how these areas intersect. <br> She writes extensively about how money works in everyday life—helping readers navigate personal finance decisions. <br> As AI reshapes investing behaviour, capital is increasingly flowing into decentralized ecosystems, redefining how assets are managed, traded, and valued. She focuses on explaining how money flows within frameworks like Distributed Ledger Technology (DLT), DeFi protocols, and crypto markets—while also exploring what the future of money could look like in a trustless, programmable financial world. <br> She also focuses on immigration-related issues, simplifying complex topics around visas, passports, overseas financial planning, and the many practical challenges Indians face while moving or living abroad. <br> Alongside personal finance, Sanchari has a strong understanding of international politics, contemporary and historical conflicts, and global state decisions. She closely tracks how geopolitical developments influence economies, markets, and individual financial choices, bringing together finance and global affairs in her reporting. <br> She began her career as a desk editor, which gave her a strong foundation in news writing. Over time, her interest naturally shifted toward personal finance. Before joining Mint in 2020, she worked DNA, The Times of India, Outlook Money, BloombergQuint, and ETMoney. At Mint, she got an opportunity to expand her coverage to include immigration and geopolitical developments while continuing to closely follow personal finance trends and market movements.As a journalist, she is committed to accuracy, intellectual rigour, and fairness. <br> She is an English Major and her work took her across cities including Delhi, Mumbai, and Pune. Living independently from an early age gave her firsthand experience in managing life and money on her own. This practical exposure sparked her strong interest in personal finance. <br> Outside the newsroom, Sanchari is a sports enthusiast who regularly plays lawn tennis and squash. In her younger years, she was also a national-level badminton player.

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