Delhi HC grants interim restraint, directs removal of allegedly defamatory posts against Dushyant Gautam

Jan 07, 2026

New Delhi [India], January 7 : The Delhi High Court on Wednesday restrained several defendants including Indian National Congress (INC) and Aam Aadmi Party (AAP) from publishing or circulating social media content allegedly linking Bharatiya Janata Party (BJP) leader Dushyant Kumar Gautam to the Ankita Bhandari murder case, after finding that a prima facie case of defamation was made out.
The matter is being heard by Justice Mini Pushkarna, who passed an ad-interim ex parte order in favour of the plaintiff.
Dictating the order in open court, Justice Pushkarna recorded that the application had been filed seeking ad-interim relief against defendants who had "published and amplified various allegations" imputing the plaintiff with defamatory claims.
The Court held that, considering the facts and circumstances, a prima facie case existed, the balance of convenience lay in favour of the plaintiff, and irreparable injury would be caused if immediate restraint was not granted.
Accordingly, Defendants and all persons acting on their behalf were restrained from publishing or circulating any content naming or targeting the plaintiff by alleging that he was the "VIP" in the Ankita Bhandari matter, and were further directed to remove the impugned posts and videos from social media platforms.
The suit has been filed by Dushyant Kumar Gautam seeking damages of Rs two crore.
Appearing for him, Senior Advocate Gaurav Bhatia, alongwith advocates Raghav Awasthi and Simran Brar, submitted that Gautam's reputation had been severely damaged by a coordinated campaign carried out by a national political party with millions of followers.
Bhatia told the Court that Gautam had been active in public life for nearly five decades, had served as a former Member of Parliament, and was currently the national general secretary of the BJP.
Addressing the Court, Bhatia argued that the allegations circulating on social media were outrageous and baseless.
"They are saying a young girl was asked to provide 'VIP service' and, on refusal, she was murdered. They are calling me a rapist," he submitted, contending that while allegations by individuals were damaging, the harm caused by a national political party holding press conferences and amplifying such claims on its official social media platforms was far graver.
He pointed out that the allegedly defamatory material continued to remain online, garnering millions of views, and that Defendant No. 1, Urmila Sanawar, had multiple criminal cases registered against her.
When the Court asked whether Gautam had ever been named in any police case, Bhatia categorically responded in the negative, stating that "not a whisper" existed against him in any FIR, charge-sheet or investigation.
He described the allegations as nothing but an attempt to draw political mileage by sullying the plaintiff's image. Bhatia further referred to posts allegedly circulated by the Aam Aadmi Party, submitting that irreparable damage had already been caused and could not be undone by monetary compensation alone. He pressed for a dynamic injunction to ensure that morphed images, videos or similar content were not reposted during the pendency of the suit.
Counsel appearing for Meta Platforms informed the Court that the company was present only to assist. It was submitted that once the Court held content to be defamatory, Meta would comply with takedown directions.
The counsel suggested a tiered approach, first directing identified uploaders to remove content and, upon non-compliance, directing the platform to act while also flagging issues of free speech, particularly as political parties were involved.
Accepting the plaintiff's plea for immediate protection, the Court granted ad-interim relief, observing that continued publication of such content would cause ongoing harm to Gautam's reputation. The matter will proceed further for the hearing of the defendants, but until then, the restraint order and takedown directions will remain in force.
The suit stems from the viral circulation of content beginning December 24, 2025, when Urmila Sanawar allegedly released videos and audio clips claiming that a "VIP" who had sought sexual favours from Ankita Bhandari was a senior political leader. One such audio clip purportedly featured Suresh Rathore identifying Gautam and another senior BJP leader. Rathore later disowned the clip, claiming it was AI-generated, and accused Sanawar of attempting to malign the party. Gautam has consistently and categorically denied all allegations.
The controversy traces back to the murder of Ankita Bhandari, a 19-year-old resort receptionist in Uttarakhand, whose body was recovered from a canal in September 2022. The case involved allegations that she was being pressured to provide sexual favours to guests at a resort run by Pulkit Arya, the son of a former BJP leader. A trial court subsequently convicted Arya and two others, sentencing them to life imprisonment.
According to Gautam's plea, the recent social media campaign falsely associates him with the crime despite the fact that he has never been named as an accused, charge-sheeted, or implicated by any investigating agency in the Ankita Bhandari case. The petition characterises the allegations as "fake news" deliberately manufactured and amplified by political rivals to extract undue political mileage and damage his public standing.

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