Saket Court restrained AAP, Saurabh Bhardwaj and Ankush Narang from publishing or circulating allegedly defamatory content concerning BJP MP Bansuri Swaraj’s detention during a political protest.
A Delhi court has restrained the Aam Aadmi Party, its leader Saurabh Bhardwaj, and Ankush Narang, Leader of Opposition in the Municipal Corporation of Delhi, from publishing or circulating allegedly defamatory material against BJP MP Bansuri Swaraj.
The dispute concerns content related to Swaraj’s detention during a recent political protest.
Principal District & Sessions Judge Gurvinder Pal Singh of Saket Courts passed the ad interim order in a suit filed by Swaraj.
The Court directed AAP and Bhardwaj to remove the video dated April 19.
It also directed them to take down statements made during a press conference held on April 21.
The order covers social media platforms, including X, Instagram, Facebook and YouTube.
The Court further directed the defendants not to publish similar allegedly defamatory content against Swaraj.
The Court gave the defendants 48 hours to comply with the order.
It said Swaraj could approach social media intermediaries with the court order if they failed to remove the content within that period.
In that event, she may seek removal of the content from the concerned platforms.
Swaraj filed the suit over a video circulated by Bhardwaj.
According to the suit, the video showed her in a misleading manner during her detention at a protest march held on April 18.
Swaraj alleged that the video falsely suggested that she staged her detention by holding the hand of a police officer.
However, she claimed that she was actually holding Union Minister Raksha Khadse.
The suit also referred to captions such as “Bharatiye Drama Company” used with the video.
Swaraj alleged that the video gained wide circulation. She further claimed that co-defendants, including AAP functionaries and the party itself, amplified the content.
Granting relief to Swaraj, the Court observed that her reputation was at stake.
It held that she would suffer irreparable harm without an injunction.
The Court also said continued circulation of the content would cause further loss of reputation.
“The right of reputation of a living individual under Article 21 of the Constitution of India cannot be sacrificed 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.
