Delhi Court Directs Aam Aadmi Party, Saurabh Bhardwaj To Take Down Defamatory Content Against BJP MP Bansuri Swaraj

A Delhi court has restrained the Aam Aadmi Party and its politician Saurabh Bharwaj from publishing any defamatory content against BJP MP Bansuri Swaraj concerning her detention during a recent political protest.

Principal District & Sessions Judge Gurvinder Pal Singh of Saket Courts directed the party and Bhardwaj to take down and refrain from disseminating a video dated April 19 and statements made during a press conference on April 21 across social media platforms including X, Instagram, Facebook, and YouTube.

Apart from AAP and Bhardwaj, the Court also restrained Ankush Narang, the Leader of Opposition in the Municipal Corporation of Delhi (MCD).

The Court ordered that in case of non-compliance within 48 hours, Swaraj would be at liberty to approach social media intermediaries with the order for removal of the content.

The judge passed ad interim order in Swaraj's suit arising from a video circulated by Bharadwaj, allegedly portraying her in a misleading manner during her detention at a protest march held on April 18.

According to the suit, the video falsely suggested that Swaraj staged her detention by holding the hand of a police officer, whereas she was in fact holding Union Minister Raksha Khadse.

It was alleged that the video, accompanied by captions such as “Bharatiye Drama Company,” was widely shared and later amplified by co-defendants, including AAP functionaries and the party itself.

Ruling in her favour, the Court observed that Swaraj's reputation was at stake and that she would suffer irreparable harm if injunctions as prayed for was not granted as she would suffer further loss to her reputation.

“The right of reputation of a living individual under Article 21 of the Constitution of India cannot be sacrified and crucified at the altar of the right of freedom of speech and expression of another and both have to be harmonised and balanced in as much as no amount of damages can redeem the damage to reputation of any person,” the Court said.

The matter has been listed for further hearing on May 13.