Delhi High Court refused to order removal of alleged defamatory videos against J&K Deputy CM Surinder Kumar Choudhary without first hearing the news platforms. Court asked him to add uploaders as parties and directed social media firms to share their details within three days.
New Delhi: The Delhi High Court on Tuesday told Jammu and Kashmir Deputy Chief Minister Surinder Kumar Choudhary that it will not order the removal of allegedly defamatory online posts against him without first hearing the news platforms that uploaded the material.
Choudhary, a member of the Jammu & Kashmir National Conference (NC), won the Nowshera assembly constituency in the 2024 elections, defeating the former J&K BJP president. He took oath as the Deputy Chief Minister on October 16, 2024.
He approached the Court seeking the removal of social media posts that show him in an alleged phone conversation with a woman containing “sexual undertones”. Choudhary claims the audio clip is fake, fabricated, and highly defamatory.
The matter was first heard on December 2, when the Court directed social media platforms to share information about the people who uploaded the content.
On Tuesday, Justice Amit Bansal heard Choudhary’s request for an early hearing. Senior Advocate Rajiv Nayar, appearing for Choudhary, argued that the politician is suffering daily harm because the posts widely display his face.
He stated,
“Look at the colossal damage this man is facing every day. Every day is the damage.”
Lawyers for the social media intermediaries pointed out that Choudhary’s main complaint was actually against local news channels. Nayar responded that the main issue was the repeated use of the politician’s face on defamatory posts.
Justice Bansal also observed that some of the videos being circulated are from 2023, remarking,
“Your face has been there for a year, you have moved the court now.”
The Court further noted that the news channels might defend their content as accurate and therefore must be added to the defamation case.
The judge asked,
“If the news channels come and say this is correct. Then what?”
Nayar argued that the Court could still pass orders against other uploaders even if it chooses not to issue directions against the news channels for now.
However, the Court suggested that it would be more appropriate for Choudhary to first add the uploaders as parties so that the Court can decide on any interim orders after hearing them.
In the end, the High Court directed social media companies to provide full details of the uploaders to Choudhary’s legal team within three days.
The Court also allowed his plea for an early hearing and rescheduled the case to December 16, 2024, instead of January 13, 2026.
The Court instructed,
“Let plaintiff take steps to implead the uploaders and serve them.”
The order ensures that before any removal directions are considered, all concerned parties—especially the news channels and uploaders—get a chance to present their side.
Case Title:
Surinder Kumar Choudhary v. Google LLC – India Liaison Office and Others.
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