Delhi High Court Orders Removal of Defamatory Posts Linked to Ankita Bhandari Case
Court Ruling on Defamation Case
The Delhi High Court has mandated that the Congress party, the Aam Aadmi Party, actress Urmila Sanawar, and others must remove social media posts that allegedly defame Bharatiya Janata Party leader Dushyant Gautam by linking him to the 2022 murder of Ankita Bhandari.
Justice Mini Pushkarna issued this interim ruling following a defamation lawsuit filed by Gautam, who serves as the national general secretary of the BJP. The judge also prohibited the defendants from referring to him as the alleged 'VIP' involved in the murder.
According to Pushkarna, a prima facie case was established by the plaintiff, indicating that the balance of convenience favored him and that he would suffer irreparable harm if the defendants were not restrained from disseminating the defamatory material.
She further stated that if the posts were not removed within 24 hours, the social media platforms would be required to take them down in accordance with Information Technology regulations. The platforms were also instructed to eliminate any similar content flagged by Gautam.
In December, Sanawar had shared videos and an audio recording of a conversation with her alleged former husband, expelled BJP MLA Suresh Rathore, in which Gautam was reportedly mentioned.
Following these social media allegations, the Congress and other opposition parties claimed that Gautam was implicated in the case and called for a Central Bureau of Investigation inquiry.
Ankita Bhandari was employed as a receptionist at a resort in Rishikesh, Uttarakhand, owned by Pulkit Arya, the son of a former BJP leader. She was reported missing on September 18, 2022, and her body was discovered six days later in the Chilla Canal after Arya and his associates confessed to her murder.
Evidence later uncovered suggested that Bhandari was allegedly coerced into prostitution, and she was killed for refusing to provide 'special services' to a 'VIP'.
In May, Pulkit Arya, along with his accomplices, received life sentences for their roles in Bhandari's murder.
In his defamation suit, Gautam claimed that the online posts by Sanawar falsely implicated him in Bhandari's murder, severely damaging his reputation.
He accused several individuals, including Uttarakhand Congress chief Ganesh Godiyal and the AAP, of defamation, as well as social media platforms Meta, Google, and X.
Gautam's petition highlighted that serious allegations were made against him, suggesting he was the 'VIP' linked to the case, all without any judicial findings.
Despite clarifications and the filing of first information reports, the damaging content continued to circulate, harming his reputation further.
He sought damages of approximately Rs 2 crore and requested injunctions to prevent further dissemination of the material.
During the hearing, Gautam's counsel argued that his five-decade-long impeccable reputation was being tarnished by the Congress and AAP's actions, linking him to a murder case that had already seen convictions.
The counsel described the situation as 'outright defamation', asserting that Gautam's name had never been implicated in the investigation and that the defendants' posts were damaging without any evidence.
Sanawar was labeled a 'habitual offender' with multiple criminal cases against her, and the counsel claimed that the Congress and AAP were perpetuating her false narrative.
The next hearing is scheduled for May 4.
Gautam has also lodged a police complaint against Rathore, Sanawar, the Congress, and the AAP, citing violations of the Information Technology Act and defamation laws.
In his complaint, he alleged that the audio and video clips were intentionally circulated to defame him, harm the BJP's image, incite public unrest, and disrupt public order.
The Uttarakhand Police confirmed that a case had been registered based on Gautam's complaint and that the evidence would be thoroughly examined.