“There cannot be more than one decree or operative order governing the same subject matter at a given point of time and it is the decree or the order of the superior court which is final and operative.”, a Delhi Court in the case of Sanchita Gupta Shilpi v. Scroll Media & Ors. held while rejecting the pleas seeking an ex-parte ad-interim injunction against the publication of the book Gunning for the Godman. The court relied on the Doctrine of Merger.

It is pertinent to note that the said book revolves around Asaram Bapu, who was convicted on April 25, 2018, by a Special Court. He was charged with the offences punishable under Section 342, 370 (4), 120B, 376D, 376 (2)(F) and 509 of the Indian Penal Code read with Section 23 of the Juvenile Justice Act (Care and Protection of Children) Act 2000 for sexually assaulting a minor girl. The plaintiff was the warden of the ashram. She alleged that the book contained false and defamatory statements that would harm her reputation.

In September 2020, an ex-parte interim injunction was passed against the publisher. An appeal titled “Harper Collins Publishers India Pvt. Ltd. v. Sanchita Gupta&Shilpi & Ors.” was filed before the Delhi High Court and the same was vacated by the court vide order dated September 22, 2020. After that, the book came with a disclaimer. Taking note of the decision of the Delhi Court, the court dismissed the plaintiff’s application.