Delhi High Court Orders Congress, AAP & Others To Take Down Defamatory Posts Linking BJP's Dushyant Gautam To Ankita Bhandari Murder Case

The Delhi High Court on Wednesday (January 7) directed Congress party, Aam Aadmi Party and various others to take down allegedly defamatory publications from social media linking BJP's National General Secretary and former Rajya Sabha MP Dushyant Kumar Gautam to the Ankita Bhandari murder case. It further restrained various defendants from posting or circulating any content which names or targets Gautam as the VIP in the Ankita Bhandari murder case. The defendants in the suit are Urmila Sanawar, Suresh Rathore, Indian National Congress, Uttarakhand Pradesh Congress Committee, Ganesh Godiyal, Aam Aadmi Party, Alok Sharma, Mohit Chauhan, X account PMNehru, X (formerly Twitter), Meta platforms and Google LLC.After hearing the matter for some time, Justice Mini Pushkarna in her order dictated:"Issue summons in the suit from defendants 1 to 10 (Meta and Google excluded).Notice in application seeking interim relief. Defendants no 1-9 are restrained from posting or circulating any content which names or targets the plaintiff as VIP in the Ankita Bhandari murder. Defendants 1-9 are directed to remove various posts and videos uploaded on social media platforms namely Youtube, Instagram, Facebook and X. Considering the facts and circumstances of the case, a prima facie case is made out by the plaintiff. Balance of convenience is in his favour and irrepearable injury would be caused to plaintiff if defendants 1-9 are not restrained from posting the defamatory content".The court further said that in the event defendants 1-9 fail to comply with directions within 24 hours, defendants 10-12 (X, Meta and Google) are directed to take down the posts as per IT Rules."In addition to the aforesaid urls, plaintiff is at Liberty to inform defendants 10-12 about any other identical social media content which need to be taken off," the court added.It further said that in case of any further identical social media content or URLs are informed to the social media platforms, the details shall be filed before the court. In case the platforms are of the view that the identical posts are not covered by the court's injunction, they shall be at liberty to inform the plaintiff who shall be at liberty to approach court for appropriate order, the court added. Appearing for Gautam, Senior Advocate Gaurav Bhatia submitted that Gautam's reputation has been maligned by persons and national political party which has millions of followers."No substance in allegations made. Obscene material, outside defamatory. I have asked for damages for 2 crore plus and interim prayers," he said. He further said, "There is one Urmila Sanawar, defendant 1. She posts a video stating a conversation she is having with defendant 2, Mr. Rathore, her husband. They say there was an unfortunate incident that happened in Uttarakhand. They are saying this young girl was asked to give VVIP service to plaintiff and when she refused, plaintiff and other office bearers are involved in murdering her. Very disturbing material. How they are maligning my reputation".Bhatia said that the defamatory material is still there since the last 10 days which has been viewed by millions and shared by thousands."The news clipping mentions my name is publicised by her in addition to video itself. Urmila, what kind of criminal antecedents she has, is very relevant. Nine criminal cases against her. Some are of IT Act also. This is habitual offender who keeps on posting such material to sensationalize, without any evidence," he added.Referring to Congress Party Bhatia said:"An individual with 10k followers posting something is malicious but damage done is not of same magnitude when done by someone with greater following. Its a national political party. Are they not supposed to verify video and consult team and ask before posting material. A video surfaces, someone is paid, the other political party will pick it up. You maligned him. You took away his reputation. Then what happens?"Arguing that within an hour million of views take place Bhatia said, "This is INC and I have seen video doing a press conference and sharing it on social media handles. Instagram alone has 11.4 million followers. Facebook, X and Youtube…. Transcript of video is played".Reading to the transcript of the video Bhatia said that it was "outrightly defamatory" and the video was harming Gautam's reputation. "Assuming there was substance and they had evidence, they should have filed a complaint, go to magistrate. There is a law in place," Bhatia added. The court at this stage asked if Gautam had been named in the FIR to which Bhatia responded in the negative. Bhatia said that an Instagram reel has also been published. "Congress has started making allegations without any basis. Congress is saying 'ye khulasa hua hain'. Highest constitutional office of country and you are connecting it, on what basis? This is the respect you have for constitutional functionaries because of your cheap petty politics?," he added. He referred to...

Delhi High Court Orders Congress, AAP & Others To Take Down Defamatory Posts Linking BJP's Dushyant Gautam To Ankita Bhandari Murder Case

Nupur Thapliyal

Tags