DOMINIQUE LAPIERRE Vs. SWARAJ PURI

JUDGEMENT

(1.) HEARD.

(2.) THIS is an appeal under Order 43 Rule 1 (r) of the Code of Civil Procedure assailing the grant of temporary injunction made by the 14th Additional District judge, Jabalpur on 13. 7. 2009, in Civil Suit No. 3-A/2009. The appeal was admitted for hearing on 31. 7. 2009 and it is listed today for consideration of I. A. No. 8213/ 2009, an application seeking stay of the impugned order of injunction, temporary in nature, granted under Order 39 Rule 1 and 2 CPC.

(3.) SUIT in question was filed by the respondent plaintiff, who at the relevant time was said to be working as Additional Director General of Police (Intelligence), government of Madhya Pradesh. The suit was filed for declaration and injunction for restraining the defendants, appellants herein, from publishing and circulating a book titled "it Was Five Past Midnight in Bhopal". It is stated that the said book was authored by defendants 1 and 2 (appellants 1 and 2 herein) and was printed and published by defendant No. 3 (appellant No. 3 herein ). The book pertained to an industrial disaster which took place at Bhopal in the night intervening 2nd and 3rd of March 1984, when certain poisonous gas from a Plant owned by M/s Union carbide leaked, causing widespread damage to public property, human life and destruction of animals. The tragedy is classified as one of the worst "industrial disasters ever to have occurred in the world. Be that as it may, at the relevant time when the aforesaid mishap occurred, plaintiff respondent was holding the post of Superintendent of Police, in Bhopal city and in the book in question certain acts of the plaintiff in the discharge of his official duties as Superintendent of Police are criticized and he is shown to have not taken proper steps in the discharge of his duties.