Punjab & Haryana HC Stays Order Asking Social Media Platforms To Remove Senior Police Official's Alleged Recording Seeking Sexual Service

The Punjab and Haryana High Court on Thursday stayed a Magistrate Court's order asking various social media platforms to remove the alleged viral call recording of a senior Punjab Police Officer, asking for sexual service from a woman.

Justice Manjari Nehru Kaul issued notice on the plea challenging the order to remove the URLs, link from various social media platforms and posted the matter for July 29. "Meanwhile, the operation of the impugned order shall remain in abeyance till the next date of hearing," the bench directed.

Senior advocate Bipan Ghai argued that the impugned order was passed by the Ludhiana Court treating it as 'Public Interest Litigation', which was beyond the jurisdiction of the Magistrate.

"the impugned order dated 07.04.2025...passed by learned JMIC, Ludhiana, is without jurisdiction and suffers from grave infirmities, including violation of natural justice, assumption of powers not vested in the Magistrate, and a clear overreach of judicial authority," he added.

It was submitted that the application seeking directions to remove the links was filed not by an aggrieved party or any person directly affected by the alleged online content, but by a third party claiming to be a social activist.

Such an individual lacked locus standi to maintain the application, and the Magistrate could not have entertained it as a Public Interest Litigation, a jurisdiction exclusively reserved for Constitutional Courts under Articles 226 and 32 of the Constitution, added the counsel.

It was also highlighted that without any expert report or forensic input, the judge concluded that the audio clip in question was 'likely AI-generated', and 'digitally manipulated'.

The senior advocate submitted that the order not only targets specific URLs but also imposes a blanket prohibition on the dissemination of any 'similar' content in the future. "This vague and overly broad restraint, lacking clear definition or scope, amounts to an unconstitutional prior restraint on free speech," it was submitted.

Mr. Bipan Ghai, Senior Advocate with Mr. Nikhil Ghai, Advocate for the petitioners.

Title: PANJ DARIA VIGILANT MEDIA PVT. LIMITED AND ANOTHER VS. STATE OF PUNJAB AND OTHERS

Click here to read/download the order