Remove Defamatory Material Against BJP Leader Shyam Jaju, His Son From Social Media: Delhi High Court To AAP Leaders

The Delhi High Court on Friday directed Aam Aadmi Party leaders Saurabh Bhardwaj, Durgesh Pathak, Sanjay Singh and Dilip Kumar Pandey to remove the alleged defamatory material and allegations made on social media platforms against politician and former BJP National Vice-President Shyam Jaju and his son.

Justice Navin Chawla observed that prima facie case is made out in favour of Jaju and his son for grant of interim relief and directed AAP leaders to remove the material within two days.

The court was hearing a suit filed by Jaju and his son seeking permanent and mandatory injunction on the statements made by the AAP leaders in a press conference held on January 22.

The leaders alleged that Jaju through his son Sandesh Jaju made illegal earnings through a company namely Majboot Solutions Private Limited. It was alleged that the company was involved in a large number of transactions of buying and selling of immovable properties worth crores.

Jaju and his son told the court that the statements made are ex facie false and unsubstantiated, per se defamatory, slanderous and libellous.

The suit has been filed through Advocate Samapika Biswal. Senior Advocate Mahesh Jethmalani appeared for the plaintiffs.

The suit submits that the press conference was broadcast live on digital platforms and continues to remain accessible to the public. It adds that the allegedly defamatory statements have also been re-published and carried out by print media and digital media.

“The Defamatory Statements have evoked a sharp sense of prejudice and unwarranted reaction from the public at large, who are being misled at the instance of the Defendant Nos. 1-4. The Defendant Nos. 1-4 made the Defamatory Statements not just against the Plaintiffs, but also made innuendos and implications against the political party of which the Plaintiff No. 1 is a member, by falsely alleging that the registered address of the Company was at the Head Office of the BJP, in order to sensationalise and harm the reputation of the Plaintiffs,” the suit states. 

The suit also seeks a mandatory injunction directing the AAP leaders to take down or delete the allegedly defamatory material published on the social media platforms, including on Twitter, YouTube and Meta relating to the allegations made in the press conference.

A decree for mandatory injunction is also sought to direct the social media platforms and news portals to take down or delete the material published.

The social media platforms and news organisations are Twitter, Google, Meta, ABP Network, The Print, The Indian Express, Hindustan Media Ventures Limited, Zee Media, Times Group, ANI, Network18, NDTV and Scroll.

The suit also seeks an unconditional public apology from AAP leaders for making the false and defamatory statements against the plaintiffs. The plaintiffs have sought damages to the tune of Rs. 5 crores to be deposited in the “Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund.”

Title: Shyam Jaju & Anr. v. Saurabh Bhardwaj & Ors.

Citation: 2023 LiveLaw (Del) 176