Mr. Nidish Gopalkrishnan Nair vs X & Ors.

Court
Delhi High Court
Case type
Civil Suit Original Side
Decided on
20-03-2026
<div> <br /> <br /> $~28 <br /> * <b>IN THE HIGH COURT OF DELHI AT NEW DELHI </b><br /> <i>% </i> <i> </i> <i> </i> <i> </i> <i> </i> <i> </i> <i> Judgment Delivered on: 20.03.2026 </i><br /> + CS(OS) 233/2026, I.A. 7427/2026, I.A. 7430/2026 &amp; I.A. 7431/2026 <br /> <br /> MR. NIDISH GOPALKRISHNAN NAIR .....Plaintiff <br /> Through: Ms. Shyel Trehan, Sr. Adv. with Ms. <br /> Priyadarshini Dewan, Mr. Shankari <br /> Mishra, Ms. Niti Khanna, Ms. Vidhi <br /> Jain and Mr. Rohan Poddar, Advs. <br /> <br /> versus <br /> X &amp; ORS. .....Defendants <br /> Through: Ms. Vanya Chhabra, Adv. for D-1. <br /> Mr. Madhav Khuranna, Sr. Adv. with <br /> Mr. Aman Raj Gandhi, Ms. Saloni <br /> Kumar, Mr. Chattanya Sharma, Mr. <br /> Amit Badesra and Mr. Lakshay <br /> Shehrawat, Advs. for D-7. <br /> <b>CORAM:</b> <br /> <b>HON&#x27;BLE MR. JUSTICE VIKAS MAHAJAN</b> <br /> <b>JUDGMENT </b><br /> <b> </b><br /> <b> </b><br /> <b>VIKAS MAHAJAN, J (ORAL) </b><br /> <b>I.A. 7428/2026 (under Section 151 CPC seeking exemption from filing </b><br /> <b>certified copy of document page no. 06 to 66 and dim page no. 06 to 66 </b><br /> <b>and clean/typed copies of documents) </b><br /> <br /> <br /> 1. This is an application on behalf of the plaintiff seeking exemption <br /> from filing certified/original documents. <br /> 2. The application is allowed, subject to the plaintiff granting inspection <br /> of the documents, as and when, he is required to do so, or filing the original <br /> documents at the stage of admission/denial. <br /> 3. The application stand disposed of. <br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 1 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03<br /><br /> <br /> <br /> <b>I.A. 7429/2026 (under Section 151 CPC seeking exemption from filing </b><br /> <b>synopsis and list of dates within the prescribed page limit) </b><br /> <b> </b><br /> 4. Allowed, subject to all just exceptions. <br /> 5. The application stands disposed of. <br /> <b>CS(OS) 233/2026 </b><br /> 6. The plaint be registered as suit. <br /> 7. Issue summons to the defendants. Ms. Vanya Chhabra, learned <br /> counsel appearing on behalf of defendant no.1 and Mr. Aman Raj Gandhi, <br /> learned counsel appearing on behalf of defendant no.7, accept summons and <br /> waive formal service of summons. <br /> 8. They submit that copy of the plaint, I.A.s and documents have been <br /> received by them. <br /> 9. On plaintiff taking steps, summons be issued to defendant nos. 2 to 6 <br /> and 8 by all permissible modes. <br /> 10. The summons shall indicate that written statement must be filed <br /> within thirty days from the date of receipt of summons. <br /> 11. The defendants shall also file an affidavit of admission/denial of the <br /> documents filed by the plaintiff, failing which the written statement shall not <br /> be taken on record. <br /> 12. The plaintiff is at liberty to file replication thereto within thirty days <br /> after filing of the written statement. The replication shall be accompanied by <br /> affidavit of admission/denial in respect of the documents filed by the <br /> defendants, failing which the replication shall not be taken on record. <br /> 13. It is made clear that any unjustified denial of documents may lead to <br /> an order of costs against the concerned party. <br /> 14. Any party seeking inspection of documents may do so in accordance <br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 2 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03<br /><br /> <br /> <br /> with the Delhi High Court (Original Side) Rules, 2018. <br /> 15. List before the learned Joint Registrar for completion of service, <br /> pleadings, admission/denial of documents and marking of exhibits on <br /> 25.05.2026. <br /> 16. List before Court thereafter on a date to be assigned by the learned <br /> Joint Registrar. <br /> <b>I.A. 7426/2026 (application by plaintiff under Order XXXIX Rule 1 and </b><br /> <b>2 read with Section 151 CPC for grant of ad interim injunction) </b><br /> <b> </b><br /> 17. This is an application filed by the plaintiff seeking grant of ad interim <br /> ex parte injunction. <br /> 18. Issue notice. Learned counsels for defendant nos. 1 and 7 accept <br /> notice. <br /> 19. On plaintiff taking steps, notice be issued to defendant nos. 2-6 and <br /> defendant no. 8 by all permissible modes. <br /> 20. The plaintiff has filed the present suit <i>inter alia</i> praying for decree of <br /> permanent injunction and damages. <br /> 21. The case set out in the plaint is that the plaintiff is a highly reputed <br /> corporate professional with an unblemished career spanning over two <br /> decades. The plaintiff has been associated with <br /> PRICEWATERHOUSECOOPERS (hereinafter “PwC”) since April 2006 <br /> and was elevated to the position of Partner in the year 2024. <br /> 22. The defendant no. 1 is an independent journalist who claims <br /> association with international media platforms. The other defendants include <br /> social media intermediaries X/defendant no. 2 (formerly known as Twitter); <br /> OBNews which is an online platform operating on Google LLC /defendant <br /> no. 5, Meta Platforms Inc./defendant no. 6; digital news platforms NDTV <br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 3 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03<br /><br /> <br /> <br /> Hindi/defendant no. 3; ABP Live/defendant no. 4; a public figure Ms. Richa <br /> Chadha/defendant no. 7 and; an airline operator InterGlobe Aviation <br /> Limited/IndiGo as defendant no. 8. <br /> 23. On 11.03.2026, the plaintiff was travelling from Delhi to Mumbai on <br /> IndiGo Flight No. 6E 6814, seated at a window seat (25A), while defendant <br /> no. 1 was seated adjacent to him at the middle seat (25B). Throughout the <br /> entire flight, the plaintiff never left his seat and maintained appropriate, <br /> standard passenger behaviour, doing nothing to give rise to any allegations. <br /> <br /> 24. The plaint further sets out that the plaintiff, owing to professional <br /> fatigue, fell asleep in his assigned seat approximately 30 minutes prior to <br /> landing. It is alleged that during this time, defendant no. 1 abruptly <br /> awakened the plaintiff and levelled false and scandalous allegations <br /> accusing him of inappropriate conduct. <br /> 25. It is stated that at approximately 09:39 AM, defendant no. 1 launched <br /> a false, malicious, and defamatory attack on the plaintiff by publishing a <br /> post on the platform X (formerly Twitter). The said post publicly accused <br /> the plaintiff of improper conduct, alongside revealing his name, photograph, <br /> and his professional designation as a PwC Partner. <br /> 26. It is also expressed in the plaint that the defamatory narrative was <br /> subsequently amplified and sensationalized by other defendants without any <br /> independent verification. Specifically, on 11.03.2026 at 11:50 AM, <br /> defendant no. 7/Ms. Richa Chadha re-posted the allegations with the remark <br /> <i>Make him famous</i> . Thereafter, news platforms such as NDTV <br /> Hindi/defendant no. 3; ABP Live/defendant no. 4; and OBNews which is an <br /> online platform operating on Google LLC /defendant no. 5, published <br /> articles reproducing the unverified allegations, thereby subjecting the <br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 4 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03<br /><br /> <br /> <br /> plaintiff to a „trial by media‟. <br /> 27. It is stated that the posts published by the defendants are false, <br /> baseless, scandalous and defamatory in nature besides being lopsided and <br /> only act as a mouthpiece of the allegations levelled by the defendant no. 1, <br /> without verifying the facts of the case. <br /> 28. It is stated that the defendant no. 1 did not raise any complaint and it <br /> was only after the flight had landed and being aggrieved by the perceived <br /> lack of attention, did the defendant no. 1 fabricate a false narrative against <br /> the plaintiff and approached the crew members of the flight. Upon enquiry <br /> by the crew members, no co-passenger or crew member corroborated the <br /> allegations made by defendant No. 1, thereby conclusively demonstrating <br /> the absence of any independent evidence in support of the accusations. <br /> 29. The plaint further articulates that defendant No. 1, without following <br /> the due course of law, proceeded to publicise the same on social media <br /> platforms within approximately 20 minutes of the landing, and at around <br /> 09:39 AM published a post in the public domain. The said act resulted in a <br /> sudden and significant increase in her viewership, followers and public <br /> engagement, thereby clearly indicating the ulterior motive behind her <br /> actions. The entire episode appears to have been deliberately orchestrated <br /> and thereafter exploited by defendant No. 1 as a means to garner publicity, <br /> traction and professional visibility, at the direct cost of the plaintiff‟s <br /> reputation. <br /> 30. It is averred that the conduct of defendant no. 1 must be viewed in <br /> light of her self-proclaimed professional positioning as a freelance journalist <br /> deliberately sought to fabricate and sensationalise the alleged incident for <br /> ulterior motives. <br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 5 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03<br /><br /> <br /> <br /> 31. It is alleged that defendant no. 1 had posted the defamatory post on <br /> the social media platform X at approximately 09:39 A.M., and defendant no. <br /> 7 reposted the tweet of defendant no. 1 at approximately 11:50 A.M., while <br /> the FIR was registered against the plaintiff at 12:27 P.M. The circumstances <br /> surrounding the immediate amplification of the post by defendant No. 7 give <br /> rise to a reasonable apprehension of prior communication, coordination or <br /> influence between defendant No. 1 and defendant No. 7, particularly in light <br /> of the prompt re-publication and the nature of the accompanying remark. <br /> The said act of defendant No. 7 materially contributed to the virality of the <br /> content and directly led to further republication by other defendants, <br /> including media platforms, thereby aggravating the defamatory impact. <br /> 32. Ms. Shyel Trehan, learned Senior Counsel appearing on behalf of the <br /> plaintiff expounds on the fact that the defamatory posts published by the <br /> defendants (defendant nos. 1-7) have gone far and beyond the contents of <br /> the FIR registered because these posts have substantially acted as a <br /> mouthpiece of the post published by defendant no. 1 and only <br /> sensationalized the allegations. <br /> 33. She submits that entire above mentioned facts bears a striking <br /> resemblance to the narrative sought to be advanced by defendant No. 1 in <br /> her prior documentary project concerning alleged harassment in public <br /> transport, thereby indicating that the present incident has been deliberately <br /> exploited and projected to fit within a pre-conceived storyline, at the direct <br /> cost of the plaintiff‟s reputation and dignity. <br /> 34. Lastly, she submits that defendant no. 8 has in a wholly unauthorized <br /> and illegal manner, shared a photograph of the plaintiff‟s boarding pass with <br /> defendant No. 1, thereby disclosing his identity without consent. This act of <br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 6 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03<br /><br /> <br /> <br /> defendant no. 8 had armed defendant no. 1 to publish the defamatory post <br /> which had a domino effect on the online ridicule faced by the plaintiff along <br /> with his suspension order from his workplace i.e. PwC. <br /> 35. <i>Per contra</i> , Ms. Vanya Chhabra learned counsel appearing on behalf <br /> of defendant no. 1 states that the plaintiff is seeking a pre-emptive gag order <br /> against defendant no. 1 thereby restraining a woman from narrating her own <br /> first-person experience of sexual misconduct. <i> </i><br /> 36. She submits that truth is the absolute defence in cases of defamation <br /> and the threshold for grant of interim injunction in defamation cases is <br /> extremely high and not met in the present case. Furthermore, no <i>prima facie </i><br /> case is made out to grant injunction to the plaintiff. <i> </i><br /> 37. She further submits that the post/tweet published by defendant no. 1 is <br /> a first-person narration and therefore, is not defamation <i>per se</i> . She states <br /> that defendant no. 1 is not a neutral third party commentator and has only <br /> narrated her personal experience. <i> </i><br /> 38. Ms. Chhabra contends that granting an interim injunction at this stage, <br /> wherein an FIR has already been registered against the plaintiff, will <br /> tantamount to a premature gag order and a restraint on the freedom to speech <br /> and expression enshrined under Article 19(1)(a) of the Constitution of India. <i> </i><br /> 39. Responding to the submission of the plaintiff that he was suspended <br /> from his workplace due to the post published by the defendant no. 1 and the <br /> subsequent amplification through different channels, she submits that it was <br /> purely a management decision taken by PwC and not a consequence of any <br /> judicial order and cannot be attributed to the post published by defendant <br /> no.1 alone, given that independent media channels (defendant nos. 3-5) <br /> separately covered and amplified the story. <i> </i><br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 7 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03<br /><br /> <br /> <br /> 40. Mr. Madhav Khuranna, learned Senior Counsel appearing on behalf <br /> of defendant no. 7 submits that defendant no. 7 has already removed the <br /> tweet whereby she had remarked <i>Make him famous </i> while addressing the <br /> tweet posted by defendant no. 1. His statement is taken on record. <br /> 41. He further submits that the sole purpose why the plaintiff has arrayed <br /> defendant no. 7 as one of the parties in the instant suit is only to gain traction <br /> and publicise the entire case. It is pertinent to mention that there were more <br /> than thousand reposts of the tweet published by defendant no. 1 but the <br /> plaintiff conveniently chose to array defendant no. 7 owing to her celebrity <br /> status. He urges that since the post has been removed, the defendant no. 7 be <br /> deleted from the array of defendants. <br /> 42. He also asserts the fact that in the instant case, <i>prima facie</i> , it cannot <br /> be ascertained that it was the action of defendant no. 7 which directly led to <br /> the amplification of the tweet posted by defendant no. 1 as there were <br /> thousands of others who reposted the same tweet. Moreover, defendant no. 7 <br /> was only acting under her right of freedom of speech and expression and <br /> cannot be blamed for the further publication by the media houses i.e. <br /> defendant nos. 3-5. <br /> 43. I have heard the counsels for the parties and also perused the material <br /> on record. <br /> 44. This Court is conscious of the fact that the competing constitutional <br /> rights i.e. the defendants‟ right of freedom to speech and expression under <br /> Article 19(1)(a) and the plaintiff‟s right to reputation and a fair trial <br /> guaranteed under Article 21 of the Constitution of India, needs to be <br /> delicately balanced. In the context of the present case, when the FIR already <br /> stands registered against the plaintiff and the investigation is underway, the <br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 8 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03<br /><br /> <br /> <br /> defendants may be within their right to share or disseminate the contents of <br /> FIR or material which is informative but in public interest, but at the same <br /> time the defendants have to exercise restraint and refrain from publishing <br /> and circulating any material referring to the character of the plaintiff which <br /> creates an atmosphere of prejudice for him or mar his reputation and thereby <br /> causes prejudice to an ongoing investigation. The guiding principles in this <br /> regard have been articulated by the Bombay High Court in <b><i>Nilesh </i></b><br /> <b><i>Navalakha and Ors. v. Union of India and Ors. 2021 SCC OnLine Bom </i></b><br /> <b><i>56</i></b> <i>,</i> while examining the impact of trial by media on pending investigation. <i> </i><br /> The relevant excerpts from the said decision reads thus: <br /> <i>“</i> <b><i>353</i></b> <i>. While not proposing to issue directions for postponement </i><br /> <i>of news reporting for the reasons noted above, yet</i> <b><i>, bearing in </i></b><br /> <b><i>mind the adverse impact that a trial by media could have on </i></b><br /> <b><i>pending investigations (which was not the subject matter of </i></b><br /> <b><i>consideration before the Supreme Court in the aforesaid </i></b><br /> <b><i>decisions), that an accused is entitled to Constitutional </i></b><br /> <b><i>protections and invasion of his rights is to be zealously </i></b><br /> <b><i>guarded, that there is an emerging need to foster a degree of </i></b><br /> <b><i>responsibility as well as promote accountability and the </i></b><br /> <b><i>reason in the paragraph that follows, we do not consider it to </i></b><br /> <b><i>be either impermissible or imprudent in the present context to </i></b><br /> <b><i>maintain a fine balance between competing rights as well as </i></b><br /> <b><i>having regard to the ever-changing societal needs to suggest </i></b><br /> <b><i>measures for exercise of restraint by the media in respect of </i></b><br /> <b><i>certain specified matters, with a view to secure proper </i></b><br /> <b><i>administration of justice, while it proceeds to exercise its right </i></b><br /> <b><i>to report. </i></b><br /> <i>XXXX XXXX XXXX XXXX </i><br /> <b><i>355</i></b> <i>. Having given our anxious consideration to all aspects of </i><br /> <i>the matter, we are inclined to the opinion that the press/media </i><br /> <i>ought </i> <i>to </i> <i>avoid/regulate </i> <i>certain </i><br /> <i>reports/discussions/debates/interviews in respect of and/or </i><br /> <i>touching upon any on-going inquiry/investigation into a </i><br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 9 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03<br /><br /> <br /> <br /> <i>criminal offence and that only those items are presented for </i><br /> <i>reading/viewing and otherwise perceiving through the senses </i><br /> <i>which are merely informative but in public interest instead of </i><br /> <i>what, according to the media, the public is interested in. </i> <b><i>No </i></b><br /> <b><i>report/discussion/debate/interview should be presented by the </i></b><br /> <b><i>press/media which could harm the interests of the accused </i></b><br /> <b><i>being investigated or a witness in the case or any such person </i></b><br /> <b><i>who may be relevant for any investigation, with a view to </i></b><br /> <b><i>satiate the thirst of stealing a march over competitors in the </i></b><br /> <b><i>field of reporting. Accordingly, we direct the press/media to </i></b><br /> <b><i>exercise restraint and refrain from printing/displaying any </i></b><br /> <b><i>news item and/or initiating any discussion/debate/interview of </i></b><br /> <b><i>the nature, as indicated hereunder</i></b> <i>: </i><br /> <i>a. In relation to death by suicide, depicting the deceased as one </i><br /> <i>having a weak character or intruding in any manner on the </i><br /> <i>privacy of the deceased; </i><br /> <i>b. </i> <b><i>That causes prejudice to an ongoing inquiry/investigation </i></b><br /> <b><i>by: </i></b><br /> <b><i>(i) Referring to the character of the accused/victim and </i></b><br /> <b><i>creating an atmosphere of prejudice for both</i></b> <i>; </i><br /> <i>(ii) Holding interviews with the victim, the witnesses and/or </i><br /> <i>any of their family members and displaying it on screen; </i><br /> <b><i>(iii) Analyzing versions of witnesses, whose evidence could </i></b><br /> <b><i>be vital at the stage of trial; </i></b><br /> <i>(iv) Publishing a confession allegedly made to a police </i><br /> <i>officer by an accused and trying to make the public believe </i><br /> <i>that the same is a piece of evidence which is admissible </i><br /> <i>before a Court and there is no reason for the Court not to </i><br /> <i>act upon it, without letting the public know the nitty-gritty of </i><br /> <i>the Evidence Act, 1872; </i><br /> <i>(v) </i> <b><i>Printing photographs of an accused and thereby </i></b><br /> <b><i>facilitating his identification</i></b> <i>; </i><br /> <i>(vi) Criticizing the investigative agency based on half-baked </i><br /> <i>information without proper research; </i><br /> <b><i>(vii) Pronouncing on the merits of the case, including pre-</i></b><br /> <b><i>judging the guilt or innocence qua an accused or an </i></b><br /> <b><i>individual not yet wanted in a case, as the case may be; </i></b><br /> <i>(viii) </i> <b><i>Recreating/reconstructing a crime scene and </i></b><br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 10 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03<br /><br /> <br /> <br /> <b><i>depicting how the accused committed the crime</i></b> <i>; </i><br /> <i>(ix) Predicting the proposed/future course of action </i><br /> <i>including steps that ought to be taken in a particular </i><br /> <i>direction to complete the investigation; and </i><br /> <i>(x) Leaking sensitive and confidential information from </i><br /> <i>materials collected by the investigating agency; </i><br /> <i>c. Acting in any manner so as to violate the provisions of the </i><br /> <i>Programme Code as prescribed under section 5 of the CTVN </i><br /> <i>Act read with rule 6 of the CTVN Rules and thereby inviting </i><br /> <i>contempt of court; and </i><br /> <b><i>d.</i></b> <i> </i> <b><i>Indulging in character assassination of any individual and </i></b><br /> <b><i>thereby mar his reputation</i></b> <i>. </i><br /> <i>XXXX XXXX XXXX XXXX </i><br /> <b><i>358</i></b> <i>. </i> <b><i>At the same time, while emphasizing on the need for a </i></b><br /> <b><i>free, fair, effective and meaningful investigation of an FIR </i></b><br /> <b><i>disclosing commission of cognizable offence by an accused be </i></b><br /> <b><i>it a celebrity or an ordinary person to be conducted by the </i></b><br /> <b><i>investigative agency, we also consider it appropriate to remind </i></b><br /> <b><i>the investigative agencies that they are entitled to maintain </i></b><br /> <b><i>secrecy in course of investigation and are under no obligation </i></b><br /> <b><i>to divulge materials thus collected.</i></b> <i> If indeed there is leakage </i><br /> <i>or disclosure of materials, which has the potential of stifling a </i><br /> <i>proper investigation, it could pave the way for such information </i><br /> <i>being laid before the competent court having powers to punish </i><br /> <i>for criminal contempt under section 2(c) of the CoC Act and in </i><br /> <i>an appropriate case, for being dealt with in accordance with </i><br /> <i>law.” </i><br /> (emphasis supplied) <br /> <br /> 45. It is an admitted position that Defendant No. 1 resorted to <br /> broadcasting the allegations on a public social media platform prior to <br /> setting the criminal law in motion <i>vide</i> a First Information Report (FIR), <br /> inasmuch as the defendant no. 1 posted the incident on social media at about <br /> 09:39 A.M. whereas the FIR came to be registered at 12:27 P.M. <br /> Incidentally, the impugned post of defendant no. 1 and the FIR are at <br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 11 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03<br /><br /> <br /> <br /> variance as to the identity of the plaintiff. In the post circulated by the <br /> plaintiff at 09:39 A.M. prior to the registration of FIR there is a clear <br /> disclosure of plaintiff‟s name but intriguingly the FIR records the statement <br /> of defendant no.1 to the effect that <i>„After reaching the police station, the </i><br /> <i>name of the person was found to be..............‟</i> . <br /> 46. The overhasty public disclosure, <i>prima facie,</i> suggests an attempt to <br /> sensationalize the issue and subject the plaintiff to a trial by public opinion, <br /> rather than a <i>bona fide</i> pursuit of legal redress. While defendant no. 1 has an <br /> unhindered right to report a grievance, but using social media to circulate <br /> allegations of inappropriate touching and revealing the identity of the <br /> plaintiff along with his photograph before a formal investigation even <br /> commences, in a <i>prima facie</i> view of this Court, is a severe transgression of <br /> the plaintiff&#x27;s fundamental right to live with dignity and have fair trial. <br /> 47. Likewise, a bare perusal of the impugned articles and social media <br /> posts published by the various other defendants reveal a disturbing trend. <br /> For reference, the article published by defendant no. 3 mentions the name of <br /> the plaintiff and states that he had inappropriately touched defendant no. 1 <br /> and was subsequently caught red-handed. <br /> 48. Similarly, articles published by defendant no. 4 and OBNews on the <br /> platform of defendant no. 5 details the social media allegations made by <br /> defendant no. 1, who claimed she was inappropriately touched by the <br /> plaintiff during her flight from Delhi to Mumbai. Crucially, these articles <br /> reiterate the tweet published by defendant no. 1 and highlight the viral <br /> amplification of the allegations done by defendant no. 7, and document the <br /> subsequent public reactions and digital commentary from other social media <br /> users. <i>Prima Facie</i> , the articles published by defendant nos. 4 and OBNews <br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 12 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03<br /><br /> <br /> <br /> on the platform of defendant no. 5 goes on to suggest that the plaintiff has <br /> indeed committed the offence as alleged by defendant no. 1, without <br /> verifying the facts of the case. Incidentally, re-posting of allegations by <br /> defendant no. 7 with the remark <i>Make him famous </i> is at about 11:50 A.M., <br /> which is again prior to the registration of FIR. <br /> 49. Axiomatically, the post published on the platform of defendant no. 6 <br /> by a page titled „ <i>Pardafaash Media</i> ‟ is probably the most outrageous and <br /> unwarranted usage of social media to sensationalize an issue without <br /> verifying the facts of the case. The post in question labels the plaintiff as a <br /> &#x27;molester&#x27; prominently using that expression right above his photograph <br /> which also includes his and his employer‟s name, <i>prima facie</i> , constituting <br /> online defamation that could cause public ridicule and loss of reputation to <br /> the plaintiff. <br /> 50. The narrative set by the media houses and digital platforms has <br /> clearly breached the contours of the FIR. The publications do not merely <br /> report the allegations in the FIR; they prematurely adjudicate the matter. By <br /> suggesting the plaintiff to be the „culprit‟ and categorically labelling him a <br /> „molester‟, the defendants have effectively usurped the adjudicatory function <br /> of the competent courts. Such pronouncements grossly violate the <br /> foundational principle of criminal jurisprudence <i>viz.</i> the presumption of <br /> innocence until proven guilty, and create an unwarranted parallel <br /> investigation that has the potential of severely prejudicing the ongoing <br /> investigation in the aforesaid FIR. <br /> 51. Turning to the role of defendant No. 7, the Court must emphasize the <br /> heightened duty of care that accompanies significant public influence. <br /> Defendant No. 7 is undeniably a public figure having a massive active <br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 13 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03<br /><br /> <br /> <br /> digital footprint. The endorsement and amplification of an unverified <br /> allegation, accompanied by the instigatory text „ <i>Make him famous</i> ‟, <br /> transcends mere free expression and acts as a catalyst for public shaming <br /> and digital vigilantism. A public figure, such as defendant no. 7, bears a <br /> legal and moral responsibility to verify the veracity of facts before <br /> leveraging her platform to amplify grave accusations. The Court is <i>prima </i><br /> <i>facie </i> of the view that endorsement of unverified allegations has inflicted <br /> immediate, exponential, and incalculable harm on the plaintiff&#x27;s reputation. <br /> However, this Court is cognizant of the submission made by Mr. Khuranna <br /> with regard to the taking down of the tweet posted by defendant no. 7 and <br /> expects defendant no. 7 not to precipitate the issue in future. <br /> 52. As regards, Mr. Khuranna‟s oral prayer to delete defendant no. 7 from <br /> the array of defendants, at this stage suffice it to state that <i>prima facie</i> the <br /> plaint does disclose cause of action against defendant no. 7 <i>qua</i> the prayer of <br /> permanent injunction and damages, and she also appears to be a necessary <br /> party. Nevertheless, such a prayer will be considered on its own merits as <br /> and when an appropriate application is filed by defendant no. 7 in that <br /> behalf. <br /> 53. At this juncture it would also be apt would be to refer a decision of <br /> the coordinate bench of this Court in <b><i> Lakshmi Murdeshwar Puri v. Saket </i></b><br /> <b><i>Gokhale (2021) 3 HCC (Del) 23</i></b> , wherein it was held as under <b><i>: </i></b><br /> <i>“29. </i> <b><i>Reputations, nourished and nurtured over years of </i></b><br /> <b><i>selfless service and toil, may crumble in an instant; one </i></b><br /> <b><i>thoughtless barb is sufficient. It has been held, by the </i></b><br /> <b><i>Supreme Court, that the right to life, consecrated by Article 21 </i></b><br /> <b><i>of the Constitution of India, infuses the reputation of the </i></b><br /> <b><i>individual.</i></b> <i> [Mehmood Nayyar Azam v. State of Chhattisgarh, </i><br /> <i>(2012) 8 SCC 1; Kiran Bedi v. Committee of Inquiry, (1989) 1 </i><br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 14 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03<br /><br /> <br /> <br /> <i>SCC 494; Port of Bombay v. Dilipkumar Raghavendranath </i><br /> <i>Nadkarni, (1983) 1 SCC 124] Reputation, it is well settled, </i><br /> <i>precedes the man. In a similar vein, para 18 of the report in </i><br /> <i>Institute of Chartered Accountants of India v. L.K. Ratna </i><br /> <i>[Institute of Chartered Accountants of India v. L.K. Ratna, </i><br /> <i>(1986) 4 SCC 537] observes thus: </i><br /> <i>„For instance, as in the present case, where a member of a </i><br /> <i>highly respected an (sic) publicly trusted profession is found </i><br /> <i>guilty of misconduct and suffers penalty, the damage to his </i><br /> <i>professional reputation can be immediate and far-reaching. </i><br /> <i>„Not all the King&#x27;s horses and all the King&#x27;s men‟ can ever </i><br /> <i>salvage the situation completely, notwithstanding the widest </i><br /> <i>scope provided to an appeal. To many a man, his professional </i><br /> <i>reputation is his most valuable possession. It affects his </i><br /> <i>standing and dignity among his fellow members in the </i><br /> <i>profession, and guarantees the esteem of his clientele. It is often </i><br /> <i>the carefully garnered fruit of a long period of scrupulous, </i><br /> <i>conscientious and diligent industry. It is the portrait of his </i><br /> <i>professional honour. In a world said to be notorious for its </i><br /> <i>blase attitude towards the noble values of an earlier </i><br /> <i>generation, a man&#x27;s professional reputation is still his most </i><br /> <i>sensitive pride. In such a case, after the blow suffered by the </i><br /> <i>initial decision, it is difficult to contemplate complete restitution </i><br /> <i>through an appellate decision.‟ </i><br /> <b><i>30. In the age of social media, desecration of the reputation of </i></b><br /> <b><i>a public figure has become child&#x27;s play. All that is needed is </i></b><br /> <b><i>the opening of a social media account and, thereafter, the </i></b><br /> <b><i>posting of messages on the account. Thousands of responses </i></b><br /> <b><i>are received and, in the process, the reputation of the man, </i></b><br /> <b><i>who is targeted, becomes mud…</i></b> <i>” </i> <b><i> </i></b><br /> (emphasis supplied) <br /> 54. Similarly, reference may also be advantageously made to a decision <br /> of this Court in <b><i>Gaurav Bhatia v. Naveen Kumar 2024 SCC OnLine Del </i></b><br /> <b><i>2704</i></b> wherein in the context of balancing the right of freedom of speech <i>vis-</i><br /> <i>a-vis</i> right to have dignity and reputation, it has been held has under:- <br /> <i>“42. The facts of the present case may now be considered in the </i><br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 15 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03<br /><br /> <br /> <br /> <i>light of aforesaid principles to ascertain whether the injunctive </i><br /> <i>relief is justified in the circumstances as made out in the plaint. </i><br /> <i>It is not disputed that the plaintiff is not only holding a </i><br /> <i>distinguished position of Senior Advocate and is acknowledged </i><br /> <i>for his expertise and experience in the legal field, but is also the </i><br /> <i>Spokesperson for one of the most prominent political entity of </i><br /> <i>this Country and being its Spokesperson, plays a crucial role in </i><br /> <i>presenting the views of the party and communicating about its </i><br /> <i>policies and initiatives in public. </i> <b><i>As has been discussed in the </i></b><br /> <b><i>aforementioned judgments, while the threshold of public </i></b><br /> <b><i>criticism and alleged defamatory X posts/Tweets on social </i></b><br /> <b><i>media platforms is much higher, but the individual dignity </i></b><br /> <b><i>and honour of a person cannot be allowed to be defamed or </i></b><br /> <b><i>disrepute brought to him on the ground of Right of Free </i></b><br /> <b><i>Speech and Expression. A thin line of distinction exists </i></b><br /> <b><i>between defamation and public criticism and an onerous task </i></b><br /> <b><i>lies with the Courts to maintain this delicate balance between </i></b><br /> <b><i>the competing claims and rights</i></b> <i>.” </i><br /> (emphasis supplied) <br /> 55. Likewise, reference may also be had to the decision of this Court in <br /> the case of <b><i>Amit Malviya v. Samajwadi Party Media CS (OS) 643/2024, </i></b><br /> <b><i>decided on 16.08.2024</i></b> , wherein this Court observed that an individual&#x27;s <br /> reputation is an integral part of his/her personality and cannot be unjustly <br /> tarnished under the guise of freedom of speech. <br /> 56. Having noticed the aforesaid <i>dicta</i> as well as the material on record, <br /> this Court is of <i>prima facie</i> view that the allegations in the post published by <br /> defendant no. 1 alongwith disclosure of plaintiff‟s identity and his <br /> photograph; article published by defendant nos. 3; post/article published by <br /> „OBNews‟ and „ <i>Pardafassh Media</i> ‟ on the social media platforms of <br /> defendant nos. 5 and 6 respectively; and the tweet reposted by defendant no. <br /> 7 (which now stands deleted as per the submissions made by Mr. Khuranna) <br /> sensationalize the issue at hand and have prematurely labelled the plaintiff <br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 16 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03<br /><br /> <br /> <br /> as the culprit even when an FIR has been registered and the matter is under <br /> investigation. Some of the impugned posts/articles go beyond the realm of <br /> the contents of the FIR registered, thereby harming the reputation of the <br /> plaintiff who now stands suspended from his workplace i.e. PwC even after <br /> having an unblemished career of over 20 years, as claimed. <br /> 57. This Court is satisfied that the plaintiff will suffer irreparable loss and <br /> injury in case an <i>ad interim</i> order of injunction in favour of the plaintiff is <br /> not granted. The balance of convenience is also in favour of an interim order <br /> of <i>status quo</i> being passed. <br /> 58. Under the circumstances, it is deemed appropriate to direct the <br /> defendant no. 1; defendant nos. 3 and 4; online platform operating under the <br /> name „OBNews‟ on the platform of defendant no. 5; and an Instagram page <br /> named „ <i>Pardafaash Media</i> ‟ operating on the platform of defendant no. 6, not <br /> to publish any post making identical or similar defamatory allegations <br /> against the plaintiff, till the next date of hearing. Ordered accordingly. <br /> Further, the following defendants are directed to forthwith take <br /> down/remove the defamatory posts published on the social media platforms, <br /> namely X (defendant no. 2), Google LLC (defendant no. 5) and Meta <br /> Platforms LLC (defendant no. 6), as tabulated below, and maintain that <br /> position, till the next date of hearing. <br /></div><table><thead><tr><th>S.&lt;br&gt;No.</th><th>Defendant&lt;br&gt;no(s) who&lt;br&gt;are&lt;br&gt;directed</th><th>URLs to be removed</th></tr></thead><tbody><tr><td>1.</td><td>1</td><td>https://x.com/khansa_juned/status/2031583314134638607?s=12&amp;t=Bd&lt;br&gt;XK39amWKNemF6T4Z_mjA</td></tr><tr><td>2.</td><td>7</td><td>https://x.com/RichaChadha/status/2031616265853550986, if not</td></tr></tbody></table><div><br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 17 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03<br /><br /> <br /> <br /></div><table><thead><tr><th></th><th></th><th>already removed</th></tr></thead><tbody><tr><td>3.</td><td>3</td><td>https://ndtv.in/india/i-was-sleeping-and-he-was-touching-&lt;br&gt;meinappropriately-female-journalist-molested-on-indigo-flight-&lt;br&gt;11199142</td></tr><tr><td>4.</td><td>4</td><td>https://share.google/mBahcx6bq9Kh47yOH</td></tr><tr><td>5.</td><td>5</td><td>https://share.google/vCy0LuROQ939mC7DT</td></tr><tr><td>6.</td><td>6.</td><td>https://www.instagram.com/reel/DVxAKAPE5GI/?igsh=NTdudzNsM&lt;br&gt;WJjd3dl</td></tr></tbody></table><div><br /> 59. Provisions of Order XXXIX Rule 3 CPC be complied with by the <br /> plaintiff <i>qua</i> defendant nos. 2 to 6 and 8, within a period of three weeks <br /> from today and affidavit of compliance be filed within a period of one week <br /> thereafter. <br /> 60. Let reply to the application be filed within a period of 04 weeks. <br /> 61. Rejoinder thereto, if any, be filed within a period of two weeks <br /> thereafter. <br /> 62. List before the learned Joint Registrar for completion of service and <br /> pleadings on 25.05.2026. <br /> <br /> <br /> <b>VIKAS MAHAJAN, J</b> <br /> <b>MARCH 20, 2026/dss</b> <br /> <br /> Signature Not Verified<br /> <i>CS(OS) 233/2026 Page 18 of 18</i> <br /> <br /> Digitally Signed<br /> By:DEEPAK SINGH<br /> Signing Date:31.03.2026<br /> 07:51:03</div>