Delhi High Court orders removal of social media posts claiming Rajat Sharma abused Congress leader on TV

Delhi High Court orders removal of social media posts claiming Rajat Sharma abused Congress leader on TV

Delhi High Court has directed Congress leaders Ragini Nayak, Jairam Ramesh, and Pawan Khera to remove videos that they posted on social media based on an alleged that journalist Rajat Sharma abused Nawaita Nayak and used foul language in front of her on television.

Justice Neena Bansal Krishna while passing an ex parte interim order on Friday observed that the Congress leaders sharpened the vehement by over-sensationalising and there is a wrong representation of facts in the entire case.

Holding that the balance of equity lies in Sharma’s favour the Court found that Sharma would suffer irreparable loss if the content remains on the social media platforms.

“It is evident that those X posts (Twitter posts) where the plaintiff (Sharma) is being berated is nothing but over-sensationalization and depiction of facts which are patently false The X posts have not only harmed the reputation of the plaintiff as has been alleged in the plaint but has potential of being used against the plaintiff time and again It is quintessential not only to prevent further such instances but also to restrain parties from using the

Justice Krishna pointed out that even if these videos are taken down or even if the Congress leaders are restrained from making such painful videos available on public domains it would not at all impinge on the freedom of speech and expression of the citizens.

However the inconvenience that would be caused by these video & X post/Tweets etc continued being in public domain cannot be exaggerated to an inconvenience which it may not be possible to make reparation for or to sue damages or otherwise in future, the Bench said.

It, therefore, ordered,

”Based on the discussion made above, the Court orders that the X Posts/Tweets listed against each of the defendants in Annexure-1 which are not removed shall be removed within the next seven days in terms of the Intermediary Guidelines set out herein. In addition, the videos mentioned to be in use in the public domain by defendant No. 2 shall be restricted and not to be posted to the public without the permission of this Court.

The posts have to be removed within a week time frame.

The Court also issued summons to Congress leaders on Sharma’s suit and ordered the case for a further hearing on July 11.

Sharma suing Nayak, Khera and Ramesh for defamation and claiming ₹100 crore damages.

Some of the Indian social media accounts had uploaded a video of a debatial aired on the same day of the Lok Sabha election results on India TV (news channel owned by Sharma) in which he had allegedly uttered foul language against Ragini Nayak of Congress party.

On June 10 Nayak took the X and posted the video on it, stating that in the video Sharmas uses abusive language against her. She also filed a police complaint against Sharma also. Onto the next one The next case was with a lady who approached Sam for a loan that she needed to finance her business and after getting the loan she developed a close relation with him she later filed a police complaint against Sharma as well.

Much later, on June 11, Sharma said that the Congress party’s media cell has been spreading lies and scrupulously propagating the rumours that he made vile gestures and used foul language and that was a conspiracy.

He reported that India TV sent a message of warning to Congress’ public relations department informing them that they would be sued for defamation if they continue providing such untruths.

Said Sharma during the June 11 airing of the Republic Bharat show, “Congress spokesperson was sent with the intention to provoke me. ”

He said that they were warning them not to make such allegations against him but they continued after the Congress media cell through miscreants and that was why he went to court.

Sharma’s counsel then posted a statement on India TV’s X official handle and also cautioned Nayak, Jairam Ramesh and Pawan Khera of I am going to sue you for defamation.

“Regarding your posts on your social media accounts where you have accused Mr. Sharma of using abusive language on air and the content in the show cutting his mic off and using abusive language, we fully aware that the allegations made by you in your post are absolutely false and has no vabling the very least any foundation or ground what so ever ,connected with the actual truth in present situation are malicious and defamatory and can be clearly categorised as fake

The legal representatives in the matter were Senior Advocate Maninder Singh, assisted by Sudeep Chatterjee, Rohan Swarup, Kunal Vats and Sanyam Suri of Singh & Singh Law Firm while Rajat Sharma was represented by Advocate Sumeet Kaur Gill.