In a significant legal development, the Delhi High Court on Wednesday issued a strict interim order against the Indian National Congress and the Aam Aadmi Party (AAP). The court directed them to remove, within 24 hours, all social media posts that allegedly linked Bharatiya Janata Party (BJP) national secretary Dushyant Kumar Gautam to the 2022 murder of a woman at a resort in Uttarakhand.
Court's Interim Order and Restraint
Justice Mini Pushkarna passed the interim order while hearing a defamation suit filed by Gautam. The judge not only mandated the removal of the existing content but also restrained the two political parties from posting any further content targeting Gautam as the alleged "VIP" connected to the murder case. The order extends to other individuals and entities, including Urmila Sanawar and the Uttarakhand Pradesh Congress Committee.
The court observed that Gautam had made out a prima facie case in his favour. Justice Pushkarna stated that if the interim order to restrain the hosting of the allegedly defamatory content was not passed, irreparable injury would be caused to Gautam's reputation. The judge made it clear that if the parties failed to take down the content within the stipulated 24-hour period, the concerned social media platforms should proceed with its removal.
Background of the 2022 Murder Case
The controversy stems from a tragic incident in 2022, where a 19-year-old receptionist at a resort in Pauri, Uttarakhand, was murdered. The resort owner, Pulkit Arya, along with two employees, Saurabh Bhaskar and Ankit Gupta, were arrested, tried, and subsequently sentenced to life imprisonment for the crime.
The political firestorm ignited after an audio clip was released by Urmila Sanawar, who claims to be the wife of former MLA Suresh Rathore. In the clip, a mention was made of a "VIP" being linked to the case, which opposition parties interpreted and circulated as pointing towards BJP leader Dushyant Gautam.
Legal Ramifications and Damages Sought
In his defamation suit, Dushyant Kumar Gautam has sought substantial legal recourse. He has demanded Rs 2 crore in damages from a list of respondents that includes the Congress party, the Aam Aadmi Party, Urmila Sanawar and her husband, the Uttarakhand Pradesh Congress Committee, its president Ganesh Godiyal, and Congress's national media panellist Alok Sharma.
This court order highlights the increasing judicial scrutiny on political discourse, especially content circulated on social media platforms. It underscores the legal boundaries of political allegations and the potential consequences for making unsubstantiated claims against individuals in the public eye. The case will proceed further as the court examines the merits of the defamation suit in detail.
