PERMANENT RESTRAINING AND MANDATORY ORDER Before the Honourable Mr Justice Newman IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION Claim No: HQ02X03558 Dated: 6th day of April 2004 Sealed: 7th APR 2004 (1) ANDRANICK JOSEPH PETROS (2) QUEN MOK (3) CHRISTINE PIERCE (4) MARK PETERS (5) RUPERT RISDON (6) MARK KENNY Claimants - and - (1) SADHANA CHAUDHARI (2) NEELU BERRY Defendants PENAL NOTICE IF YOU (1) sadhana chaudhari and/or (2) neelu berry disobey THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE YOUR ASSETS SEIZED. ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS ANY DEFENDANT TO BREACH THE TERMS OF THIS ORDER MAY ALSO BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED. THIS ORDER 1. This Order contains permanent restraining, mandatory and other orders made against (1) Sadhana Chaudhari and (2) Neelu Berry on 6th April 2004 by the Honourable Mr Justice Newman following from the Judgment of the Honourable Mr Justice Holland of 9 March 2004 on hearing the Claimants' application dated 23rd December 2003. Mr Justice Holland read the witness statements and other documents listed in Schedule 3 to this Order.=20 2. This order was made following on notice hearings attended by Leading Counsel for the Claimants and the Defendants in person held on 4th March 2004, 9th March 2004 and 6th April 2004. 3. This order is effective against any Defendant on whom it is served or who is given notice of it. PERMANENT RESTRAINING ORDER 4. The Defendants and each of them must not hereafter do or attempt to do the following acts or any of them, without the permission of the Court:- (1) make, publish or cause or permit to be published or continue to be published (whether on any Internet web-site, in any leaflet, = placard, pamphlet, book or article, or otherwise in writing or in other permanent form, or orally) any allegations, statements, representations or assertions to the effect that: (a) all or any of the First, Second, Third, Fourth and Sixth Claimants conspired with each other and/or with doctors and nursing staff at King George's Hospital, Ilford, Essex to murder or unlawfully kill Sunaina Chaudhari ("Sunaina"), in order to obtain her organs for research, and/or to conceal an alleged misdiagnosis of Edward's Syndrome, and/or to prevent a court hearing, and/or for any other reason; (b) Sunaina was murdered or unlawfully killed in furtherance of the conspiracy set out in (a) above on or about 26th October 2000; (c) the Claimants, or any of them, conspired together to remove Sunaina's organs in advance of any post-mortem examination, in order to conceal evidence of murder, and/or for research purposes; (d) in furtherance of the conspiracy set out in (c) above, the Fifth Claimant: (i) removed organs from Sunaina's body before the post-mortem conducted by him on 30th October 2000; and (ii) faked the post-mortem on 30th October 2000, and produced a false post-mortem report, in which he dishonestly concluded that Sunaina died from natural causes; (e) the Claimants, or any of them, concealed the crime of Sunaina's murder, and/or her unlawful killing; (f) that the Claimants, or any of them, have subsequently, in documents submitted to the High Court, admitted that there is substance to all or any of the above allegations; or any further or other allegations, statements, representations or assertions to a similar effect (defined and referred to elsewhere in this Order as "the offending allegations"); (2) post or publish, or cause, permit or procure to be posted or published on any website or web page on the Internet or World Wide Web, whether under their control, or under the control of any third party, any of the offending allegations, or further or other allegations to similar effect; (3) molest, threaten or otherwise interfere with the Claimants or any of them; (4) knowingly approach within 100 yards of the home address of any of the Claimants; (5) come onto or remain or trespass on the land owned by Great Ormond Street Hospital NHS Trust at Great Ormond Street, London WC1N other than by prior written appointment; (6) pursue any other course of conduct which is calculated or likely to harass the Claimants or any of them. MANDATORY ORDER 5. The Defendants and each of them must forthwith:- (1) remove the website(s) or web pages having the website address(es) www.newsguy.com/sunaina, www.sunaina.co.uk, and www.nhsmurders.co.uk from the Internet or World Wide Web, or cause the same to be removed; (2) remove any other websites or web pages under their control from the Internet or World Wide Web, on which any of the "offending allegations" (as defined in paragraph 4(1) of this Order) have been or are being published, or cause the same to be removed; (3) notify in writing the authors and/or webmasters of the websites or web pages having the website addresses listed in Schedule 1 below, and the Internet Service Providers and the hosts of such websites or web pages, of the making of this Order, serve each of them with a copy of this Order, and request them in writing to remove the offending allegations from such websites or web pages; (4) notify in writing the authors or webmasters of any other websites or web pages outside the control of the Defendants (of which the Defendants are aware), on which the offending allegations appear, and the Internet Service Providers and the hosts of such websites or web pages, of the making of this Order, serve each of them with a copy of this Order, and request them in writing to remove the offending allegations from such websites or web pages; (5) notify in writing the search engine providers listed in Schedule 2 below of the making of this Order, serve each of them with a copy of this Order and request them in writing to remove all cached pages containing the offending allegations from their respective search engines, and not to include the offending allegations in any further cached pages in their respective search engines; (6) notify in writing the any other search engine providers with which the Defendants have actively registered websites or web pages on which any of the offending allegations appear of the making of this Order, serve each of them with a copy of this Order, and request them in writing to remove all cached pages containing the offending allegations from their respective search engines, and not to include the offending allegations in any further cached pages in their respective search engines. PROVISION OF INFORMATION 6. The Defendants and each of them must make and serve upon the Claimants' solicitors and file with the Court by no later than 4pm. on 30th April 2004 affidavits confirming they have complied fully with paragraph 5 of this Order, detailing the steps that they have taken in order to achieve compliance, and exhibiting all relevant documents evidencing their attempts to achieve compliance, including hard copies of electronic communications, eg. e-mails. INTERPRETATION OF THIS ORDER 7. The Defendants have been ordered not to do the things specified in paragraph 4 of this Order. They must not do such things themselves or in any other way. They must not do such things through others acting on their behalf or on their instructions or with their encouragement. For the avoidance of doubt, this includes Dr. Akena Adoko. PARTIES OTHER THAN THE CLAIMANTS AND DEFENDANTS 8. Effect of this order It is a contempt of court for any person notified of this order knowingly to assist in or permit a breach of this order. Any person doing so may be imprisoned, fined or have their assets seized. FURTHER ORDERS 9. Upon the making of this Order, the Consent Order made by the Honourable Mr. Justice Owen dated 21st October 2003 shall be stayed, save insofar as it dealt with the orders for costs made by Master Fontaine on 30th July 2003, which shall be dealt with as directed below. 10. No application shall be made by the Claimants for the assessment of damages under the Protection from Harassment Act 1997 by a High Court Judge pursuant to paragraph 5 of the Order of Master Fontaine dated 30th July 2003 before 30th April 2004. 11. The parties are to be at liberty to apply to the Court in respect of matters relating to compliance with or the implementation of this Order. 12. Any further applications in this action are to be reserved to the Honourable Mr. Justice Holland, provided that he is available and sitting in London. COSTS 13. The Claimants' applications: (a) to be released from their undertaking contained in the Consent Order dated 21st October 2003, and for an order that they be permitted to enforce the costs orders made against the Defendants by Master Fontaine on 30th July 2003; and (b) for an order that the Defendants do pay the Claimants' costs of and occasioned by this application dated 23rd December 2003 on an indemnity basis are adjourned generally, but are not to be restored by the Claimants for hearing before 30th April 2004. COMMUNICATIONS WITH THE COURT Any communications to the Court about this order should be sent to- Room WG 08, Royal Courts of Justice, Strand, London WC2A 2LL quoting the case number. The telephone number is 020-7947-6010 The offices are open between 10 a.m. and 4.30 p.m. Monday to Friday. NAME AND ADDRESS OF THE CLAIMANTS' LEGAL REPRESENTATIVES The Claimants' solicitors are: Weightman Vizards High Holborn House 52-54 High Holborn London WC1V 6RL (For the attention of Sarah Ellington, Partner) Ref:4524 SME LAV 09008761/0900024 Tel: 020-7067-4506 Fax: 020-7607-4503 Please note: Pursuant to CPR 3.1, the Claimants' solicitors are not willing to accept service of any documents in this action by electronic means SCHEDULE 1 TO THE ORDER OF MR JUSTICE NEWMAN DATED 6TH APRIL 2004 The website and web pages addresses listed below are those referred to = in paragraph 5(3) of this Order: i. "www.esearchbox.com/story/prweb,66/prweb,66451.html" ii. www.prweb.com/releases/2003/5/prweb66451.htm" iii. "www.daniellarogers.net/Breaking_News/DEATH_OF_BABY_SUNAINA.asp" iv "www.officialspin.com/main.php3?action=3Drecent&rid+936" v. "www.sunaina.g2gm.com" vi. "www.mailgate.org.uk/uk/uk.local.lothians/msg02474.html" vii. "www.rootblog.com/Archive/2003/05/21/00/5" viii. "www.pressbox.co.uk/Detailed/72129.html" ix. "www.british.1colony.com/" x. "http://www.msbp.com/hospitalletbabydie.htm" xi. "www.healthboards.com/down-syndrome/1094.html" xii. "http://www.donoharm.org.uk/alert/llaunch.htm" xiii. "http://www.perceptions.couk.com/adobuk.html" xiv. "www.spuc.org.uk" xv. "www.iaqi.com/united-kingdom/news.html" xvi. "www.machinery.press-world.com/v/25895.html" xvii. "www.lies.com/blog/archives/000366.html" xviii. "www.mailgate.org.uk/uk/uk.media/msg07270.html" xix. "http://salessuccessmagazine.com/articles/19/NO-POLICE-INVESTIGATION-INTO= -ALLEGATIONS-THAT-BRITISH-DOCTORS-KILLED-BABY-FOR-ORGANS" xx. "www.writers-voice.com/PQRST/S/Sadhana_Chaudhari_brave_sunaina.htm" xxi. "http://topsitepromote.com/search/links.php?cat=3D14" xxii. "http://knn.e-xl/en/40249/nhs-murders-uk-baby-sunaina/" xxiii. "www.nhsmurders.org" SCHEDULE 2 TO THE ORDER OF MR JUSTICE NEWMAN DATED 6TH APRIL 2004 The Internet search engine providers listed below are those referred to in paragraph 5(5) of this Order: i. "www.google.com" and "www.google.co.uk" ii. "www.search.msn.com" iii. "www.yahoo.co.uk", "http://uk.yahoo.com" and "www.yahoo.com" iv. "www.uk.altavista.com" and "http://uk.altavista.com" v. "http://search.aol.com" "http://search.aol.com/aolcom/index.jsp" and "http://search.aol.co.uk" vi. "www.askjeeves.com", "www.ask.com" and "www.ask.co.uk" vii. "www.lycos.com", "http://www.lycos.co.uk/?redirect=3Dtrue" and "www.lycos.co.uk" viii. "www.hotbot.com" , "http://www.hotbot.co.uk/?redirect=3Dtrue" and "www.hotbot.co.uk" ix. "www.alltheweb.com" SCHEDULE 3 TO THE ORDER OF MR. JUSTICE NEWMAN DATED 6TH APRIL 2004 At the hearing of this application, the Court considered the following witness statements and other documents lodged with the Court: Claimants' application notice dated 23rd December 2003 Witness statements of Sarah Marjorie Ellington dated 23rd December 2003 and 27th February 2004, with exhibits Consent Order of Mr. Justice Owen, dated 21st October 2003 Order of Master Fontaine dated 30th July 2003, with her Reserved Reasons for her decision Other extracts from Bundles marked A - K lodged by the Claimants with the Court Skeleton arguments on behalf of the Claimants, with attachments Skeleton argument on behalf of the Defendants -------------------------------------------------------------------- -------------------------------------------------------------------- From: "newsguy sunaina" To: "Ray Dickenson" Subject: re `Perceptions' page Formal Notification of Court Order Date: Fri, 9 Apr 2004 23:35:06 +0100 Formal Notification of Court Order (see xiii. schedule 1 below) Six British doctors of the Great Ormond Street Hospital took legal action against us for petitioning for a public inquiry into the death of Baby Sunaina Chaudhari, in the streets and on internet websites, under Protection from Harassment Act 1997. As evidence of our compliance with the "Permanent Restraining and Mandatory Order" dated 6th April 2004 and sealed by the Court on 07 APR 2004, until such time as we appeal against it, each one of us is required, 1) to serve third parties, internet service providers and search engines responsible for websites detailed in Schedule 1 and Schedule 2 of the Order, in as far as "Any other person who knows of this order and does anything which helps or permits any defendant to breach the terms of this order may also be held to be in contempt of court and may be imprisoned, fined or have their assets seized." 2) to produce the copy of our notification to third parties to the court and 3) to file any response from you to the court The Order applies to "Any other person who knows of this order and does anything which helps or permits any defendant to breach the terms of this order". Neelu Berry BPharm MRPSGB, Pharmacist (075777) Sadhana Chaudhari BSc PGCE Peel Drive, Ilford, Essex, IG5 0JR Tel 0208 550 8312 ------------------------------------------------ FURTHER REFERENCES GO - "search perceptions" - in SEARCH-ENGINE file-ID www.perceptions.couk.com/ctorder.txt