The Delhi High Court has intervened in a significant defamation case, ordering Cockroach Janta Party (CJP) leaders to remove allegedly objectionable social media posts targeting BJP national spokesperson Gaurav Bhatia, highlighting the critical balance between freedom of expression and responsible online conduct.
Key Points
- Delhi high court ordered CJP leaders Saurav Das and Ashutosh Ranka to remove objectionable posts against BJP spokesperson Gaurav Bhatia.
- Justice Tushar Rao Gedela stressed the importance of verified and articulate expression, even for youth protesting.
- The defamation lawsuit by Bhatia concerns posts with a quote wrongly attributed to him, which CJP leaders amplified.
- Bhatia declined mediation and sought a permanent injunction against further defamatory posts.
- The court issued summons to CJP leaders and founder, allowing Bhatia to approach social media platforms for removal of fabricated content.
The Delhi high court on Thursday asked the Cockroach Janta Party (CJP) co-convenors Saurav Das and Ashutosh Ranka to take down certain allegedly objectionable posts against BJP national spokesperson and senior advocate Gaurav Bhatia.
Justice Tushar Rao Gedela, hearing Bhatia's defamation lawsuit, observed that while the youth have the right to express, the expression has to be verified and conveyed in a manner that "goes the right way".
"There are different ways of protesting. Do you really need to go to this? You are all youngsters. You may have your own anxiety. You may want to express certain things..but saying certain things, putting certain things without verifying may not be correct," the court told the lawyers appearing for the CJP leaders.
"There is a lot of anxiety around these days, right? But there are different ways of expressing. You can express these things, you are the youth, you are the next generation. You have a right to express but sometimes the expressions need to be put a more articulate manner; a manner which expresses your intent and goes the right way," it further said.
Court Emphasises Responsible Expression
The counsel for Das and Ranka assured the court that the posts in question would be removed within 24 hours.
Bhatia, who appeared in-person, turned down the court's suggestion to refer the matter to mediation and urged the court to restrain the defendants from publishing any more defamatory tweets in the future on the present issue.
As the lawyers for the CJP leaders clarified that they were not giving any undertaking on not publishing further posts, Justice Gedela said Bhatia would be free to approach the court again in case of a grievance.
Origin of the Defamation Lawsuit
The case stems from certain tweets by the CJP and its leaders, which allegedly amplified a graphic containing a quote wrongly attributed to the senior lawyer.
Although Das subsequently deleted his tweet, published on September 5, for being "AI-generated", Bhatia demanded an unqualified apology. The counsel for the CJP leaders Thursday informed the court that the post in question had already been deleted.
"But then there is something else that you put," the judge responded. Justice Gedela asked the lawyers appearing for Das and Ranka to take instructions on removing the other available posts, and said that he "understands" the situation as everyone "passed through the same age."
"Nobody has become 60 suddenly. You go through the age that you have gone through, correct? It's not that Mr Gaurav Bhatia has not gone through this age," the judge remarked. Bhatia, however, asserted that he never published a "false picture".
In response, the court told the BJP leaders that there were other ways of handling the situation instead of coming to court and that he could have directly contacted them.
Bhatia Alleges Aggravated Defamation
Bhatia argued that Das and Ranka have several followers on social media, and there was "aggravated defamation" on account of their repeated posts targeting him.
Bhatia submitted that Das posted another allegedly objectionable tweet on X even after the court took up the matter for hearing and asked his counsel to take instructions, claiming that "Such people don't deserve any leniency".
The court said it was not closing the issue of interim relief at this stage and has sought their stand. "We are not saying that we are finishing your application. We are providing them an opportunity and, in the meanwhile, we have told them to take down (the posts)," Justice Gedela told Bhatia.
Court Issues Summons and Future Actions
The court issued summons to Das, Ranka as well as the CJP and its founder Abhijeet Dipke on the lawsuit.
During the hearing, the court orally observed that there was no material against Dipke in the defamation plea.
The court also permitted Bhatia to approach X and Meta Platforms in case there are other posts containing the fabricated graphic. Bhatia's lawsuit has alleged that the CJP leaders' pattern of conduct on social media showed a "consistent propensity to target individuals" through posts that malign them.
"The defendant no 1 & 2 (Das and Ranka) did not merely engage in criticism, comment or disagreement with any statement actually made by the plaintiff. Rather, defendant no 1 & 2 falsely represented to the public that the plaintiff had made statements, which, in fact, he had never made," the plea said.
The CJP and its leader, the lawsuit added, consistently engage in the practice of making comments that lower the dignity and authority of the judiciary as well. The lawsuit prayed for a permanent injunction against the CJP and its leaders.
The CJP, which started as an online campaign, had spearheaded the agitation on the NEET paper leak issue at Jantar Mantar.
