Delhi High Court Recalls Gag Order Against 'The Wire', Says Prior Restraint On Future Publications In Defamation Cases Is Legally Unsustainable

The Delhi High Court on Monday recalled its earlier direction restraining news portal “The Wire” from publishing any future content similar to an article alleged to be defamatory by former Delhi Chief Secretary Naresh Kumar. [2026 LiveLaw (Del) 663]

Justice Anup Jairam Bhambhani that such a direction was over-broad, presumptive in nature and based purely on a hypothetical situation.

The Court however refused to vacate its earlier directions requiring removal of the impugned article and related social media posts at the interim stage. It said that those aspects would have to await the outcome of the trial.

The suit was filed against the news report titled “Links of Son of Delhi Chief Secretary to Beneficiary's Family in Land Over-Valuation Case Raise Questions”. The story was published on November 09, 2023 by reporter Meetu Jain.

A coordinate bench, in 2023, had directed The Wire to remove or take down the tweets or posts circulated and published on X and also to not post, circulate or publish any similar defamatory content against Kumar, as set out in the impugned article.

Justice Bhambhani, in his ruling today, observed that the thrust of the subject article pertained to the actions of Kumar in relation to discharge of his official functions as the then Chief Secretary. However, it noted that it was alleged in the plaint that the article was published with reckless disregard for truth and that it was false and actuated by malice.

The Court was not persuaded to accept the contention raised on behalf of The Wire that the suit was not maintainable. Holding the suit maintainable, the Court observed that the allegations and contentions raised by Kumar would have to be proved by him, which opportunity he can only have in the course of trial.

However on the question of the injunction restraining future publications, the Court held that the direction was “over-broad, presumptive in nature and based purely on a hypothetical situation,” making it legally untenable.

It emphasised that courts cannot presume that future publications would necessarily be defamatory merely because a previous publication has been challenged.

“Moreover, to assume that what someone may publish would be defamatory, is egregiously hypothetical and presumptive; and therefore cannot be the basis of a court injunction,” the Court said.

It added that no matter how perspicacious a court may be, it cannot act as a soothsayer and predict what an author may publish next, and presume it to be offensive to a party, and thereby gag what is yet to be put-out in the public.

Accordingly, the Court set aside the gag direction which had restrained the platform from posting or publishing any similar allegedly defamatory content against Kumar.

Title: NARESH KUMAR v. THE WIRE & ORS

Citation: 2026 LiveLaw (Del) 663

Click here to read order