Delhi HC directs CJP members to remove posts against BJP’s Gaurav Bhatia within 24 hours

The Delhi High Court on Thursday recorded an undertaking by Cockroach Janta Party (CJP) members Saurav Das and Ashutosh Ranka to remove social media posts targeting BJP leader and senior advocate Gaurav Bhatia, including a disputed post carrying a purported quote attributed to him, reported ANI.

Justice Tushar Rao Gedela was hearing Bhatia’s Rs 2-crore defamation suit, in which Bhatia appeared in person before the court.

According to the report, Counsels appearing for Das and Ranka told the court that they would take down the disputed posts. Recording their statements, the court directed that the posts be removed within 24 hours.

The court had earlier observed that there are different ways of protesting and told the defendants that while they have a right to express themselves, their expressions sometimes need to be put in a more articulate manner so that the intended message is conveyed properly.

During Thursday’s hearing, counsel for Das submitted that the tweet in question had already been deleted. The court, however, pointed out that another post had also been put out.

The court also questioned the presence of Abhijeet Dipke as a defendant and asked what material had been posted by him. Counsel for Dipke submitted that not a single tweet by him formed part of the dispute.

Bhatia told the court that the case involved aggravated defamation and that the allegedly fabricated material could not remain online as it was causing damage to his reputation and had been viewed by a large number of people.

He also alleged that his photograph had been used alongside a fabricated statement and that the logo of a news organisation had been incorporated into the graphic, allegedly lending credibility to the content.

Bhatia sought directions to social media platforms X and Meta to remove the allegedly fabricated picture and similar content.

Counsel for Meta, however, submitted that the platform could not proactively take down photographs or content without a specific basis or legal direction.

The court granted Bhatia liberty to approach the social media platforms in respect of similar content.

The suit arises from an allegedly AI-generated graphic circulated on X which, according to Bhatia, falsely attributed remarks concerning Swatantra Bhardwaj to him. Bhatia has denied making the remarks and alleged that his photograph was used alongside the purported statement, creating a false impression that he was its author.

According to the plaint, the disputed post was published on September 5 and received more than 1.32 lakh views. Bhatia had sought its removal and an unconditional apology before approaching the court.

The suit seeks Rs 2 crore in damages, besides permanent and mandatory injunctions against the defendants. The allegations made by Bhatia are yet to be adjudicated by the court.