Calling one who saved millions “mass murderer” is mala fide, reckless: SII tells Bombay High Court

A Single Judge Bench of Justice R.I Chagla on Friday heard the defamation suit filed by the Serum Institute of India seeking Rs. 100 crore from one Yohan Tengra who along with others made alleged defamatory statements and content against it and uploaded the same on Youtube. 

Senior Advocate Aspi Chinoy appeared on behalf of Serum Institute. He argued that a statement like mass murderers was used against someone who has saved millions of lives. He also submitted that the defamatory content that was being made was based on a suit filed by Dilip Lunawat claiming that the vaccine was not without side effects, against the Serum Institute was erroneous and misplaced.

Advocate Ojha submitted that it was their Serum Institute’s duty to inform about the side effects.

It is stated that the ad interim relief sought by Serum Institute is still kept open by the court to decide. 

It was contended on behalf of the Serum Institute that Covishield vaccine has played a key role in the vaccination program of the Government of India with approximately 219.86 crore doses of the vaccine having been administered till November 2022. Thereby it contributed heavily to the Government of India’s successful vaccination program which has resulted in averting the death of 4 million Indians and there is no justification of defamatory statements being made by the Yohan Tengra and Ambar Koiri.

The Government of India had filed an Affidavit dated 23.11.2022 in the Supreme Court of India in Civil Writ Petition No. 1220 of 2021 stating that there was a very minuscule but definitive risk of Thromboembolic events. The reporting rate of these events in India is around 0.61 per million doses, the affidavit stated.

AEFI Report for Dr. Lunawat noted that “overall the benefits of vaccination are overwhelmingly greater than the small risk of harm." The reporting rate of TTS in India is .001 per one lakh doses administered (1 case per 10 crores), making it an extremely rare event. On the other hand, the government’s Affidavit noted that the use of vaccines is reported to have prevented at least 4 million deaths in India.

The Rs. 100 Crores defamation suit filed by the Serum Institute of India and Adar Poonawalla has sought a permanent and mandatory injunction against the individuals and their social media channels restraining them from making, posting publishing, reproducing, circulating, communicating, uploading defamatory and derogatory statements/posts/articles/ videos against the Serum Institute and Adar Poonawalla which are completely false, erroneous, derogatory and defamatory in nature.

Case Title: Serum Institute of India Pvt Ltd & Anr Vs. Yohan Tengra & Ors.