Court Orders Defendant to Edit Videos Alleging Misconduct by Habib Esmail Hospital, Sets Hearing for August
The Bombay High Court, presided over by Justice Arif S. Doctor, has issued directives in a defamation case involving Habib Esmail Hospital & Medical Trust and Salim Shaikh & others. The judgment, dated June 23, 2026, addresses allegations of defamation through videos allegedly containing defamatory content against the hospital.
In an interim application, the court was presented with a compilation of 51 video excerpts alleged to contain defamatory remarks. The Plaintiff, Habib Esmail Hospital, represented by Mr. Akshay Pai and his team, argued that these videos were prima facie defamatory. The court, upon examining the evidence, found merit in the Plaintiff's claims.
Defendant No. 1, represented by Mr. Khatri M. Adil, agreed to edit and remove the portions of the videos alleged to be defamatory pending further adjudication. The court accepted this course of action, emphasizing that while the defendant could report on the incident, they were prohibited from making any allegations attributing blame to the hospital, including derogatory terms or insinuations of complicity in murder.
The court also noted an incident during the proceedings where Defendant No. 1 interjected, attempting to hand over a photograph to the Court Associate. Justice Doctor expressed displeasure at this conduct, issuing a caution and noting the defendant's subsequent apology and assurance against future disruptions.
The court granted the defendant three weeks to file a reply affidavit, with any rejoinders to be submitted within two weeks thereafter. The matter is scheduled for a hearing on August 4, 2026.
This judgment underscores the court's stance on balancing the freedom of expression with the protection of reputations, particularly in cases involving serious allegations against medical institutions.
Bottom line:-
Defamation - Prima facie defamatory content in videos - Defendant agreed to edit and remove defamatory portions pending adjudication of the interim application - Defendant not restrained from reporting on the incident but prohibited from making allegations or insinuations attributing blame to the Plaintiff Hospital.
Statutory provision(s): Defamation, Interim Relief, Court Proceedings Conduct
Habib Esmail Hospital & Medical Trust v. Salim Shaikh, (Bombay) : Law Finder Doc id # 2930245
