Trial Court rejects fresh gag order plea in Dharmasthala Mass Burial Case; Media free to report
Says no injunction in force against any of 338 defendants
Bengaluru: In a major development in the ongoing defamation suit filed by the Dharmasthala temple administration, the X Additional City Civil and Sessions Court in Bengaluru has categorically rejected the plaintiff’s fresh attempt to extend the gag order against 338 defendants, including several media organisations, journalists, and social media platforms.
With this ruling, the court has made it clear that no injunction is currently in force against any of the defendants, effectively allowing unrestricted media coverage of the mass burial allegations that have been at the centre of widespread public attention in Karnataka.
Court Rejects Section 151 Application
During the hearing held on August 5, the plaintiff Harshendra Kumar D, who had previously secured an ex-parte temporary injunction in June, filed an interlocutory application under Section 151 of the Civil Procedure Code (CPC). He sought to continue the earlier restraint orders against all defendants except one – Kudla Rampage, a digital media outlet that had successfully challenged the injunction in the High Court on August 1.
However, the trial court, presided over by Judge Anitha M, rejected the application in full. The order passed on August 6 states:
"I.A. dated 05.08.2025 filed by the plaintiff Under section 151 of C.P.C., is rejected."
This effectively brings down the blanket gag order that had, until now, prohibited 338 individuals and entities from publishing or circulating any content related to the mass burial allegations.
Kudla Rampage's Arguments Prevail
During the hearing, Advocate Sakshi Satish, appearing for Kudla Rampage, presented three key constitutional arguments that formed the backbone of the defence:
Holistic Reading of High Court Order:
It was argued that the High Court’s order of August 1 should be read in its entirety. The High Court had clearly directed the trial court to consider fresh applications under Order XXXIX Rules 1 & 2 and not under Rule 4, which pertains to vacating existing orders. This was taken to mean that the original ex-parte injunction no longer existed.
Violation of Article 227 and Order XXXIX Rule 3 CPC:
The High Court’s findings were grounded in Article 227 of the Constitution, focusing on whether due procedure was followed. It held that Order XXXIX Rule 3 had been violated—specifically, that no valid reason had been recorded to justify dispensing with notice to such a large number of defendants. This procedural failure invalidated the entire ex-parte injunction.
Uniform Application of Constitutional Protections:
The defence argued that constitutional principles, especially the right to free speech, must apply equally to all parties. Once an injunction is found to be flawed due to violation of due process, it cannot be upheld selectively against only some defendants.
These arguments were supported by legal teams representing tech companies and platforms including Google, YouTube, Meta (Facebook and Instagram), X (formerly Twitter), and Reddit. The court accepted these submissions and declined to entertain the fresh Section 151 application.
Gag Order Now Fully Invalid
The outcome is clear:
No injunction is currently in effect against any of the 338 defendants.
The 8,842 web links that had previously been taken down or withheld under the original gag order can now remain accessible.
No restriction exists on future reporting, including by journalists and platforms that were unnamed or unknown at the time of the original suit.
The controversial "John Doe" injunction against unidentified future publishers is now defunct.
Context of the Case
The case stems from explosive allegations made by a whistleblower who claims he was forced to bury hundreds of bodies between 1995 and 2014, including women and children who allegedly bore signs of sexual assault. These claims, made public earlier this year, sparked widespread concern, particularly among families of missing persons.
Among them is Sujatha Bhat, mother of Ananya Bhat, who went missing 22 years ago. She and others have been demanding a thorough investigation into the mass burial claims, which they believe could bring long-awaited closure.
The original ex-parte gag order, obtained by the plaintiff on June 12, had been issued without hearing any of the defendants, including major media outlets and platforms. It had attempted to impose wide-ranging restrictions, including mandatory takedowns of published material and advance censorship of any future content related to the case.
A Win for Free Speech, Say Legal Observers
The ruling marks a significant affirmation of press freedom and the constitutional right to free speech, particularly when public interest issues are involved. The court’s refusal to grant relief under Section 151 CPC reaffirms that inherent powers of the court cannot be used to bypass procedural safeguards, especially in cases with serious implications for democratic transparency.
The trial court made it clear that the plaintiff must now follow due process if they wish to pursue their defamation claims—this includes proper service of notice to all defendants, hearings with both sides present, and arguments that stand the test of constitutional scrutiny.
What Happens Next
The trial court has directed the defendants who have appeared to file their written statements and objections. The next hearing in the case is scheduled for August 11, 2025.
With this development, media organisations—from major platforms to independent journalists—can now continue to report on the Dharmasthala mass burial case without fear of judicial censorship.
As proceedings move forward, the burden now rests with the plaintiff to prove defamation through a full-fledged trial, following all necessary legal procedures and constitutional standards.
This article is based entirely on official legal submissions and court proceedings, including arguments presented in open court and the trial court’s latest ruling dated August 6, 2025.
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Harmanpreet, Smriti, Divya Deshmukh among nominees for 2025 BBC sports awards
New Delhi (PTI): Skipper Harmanpreet Kaur and her deputy Smriti Mandhana, who were central to India's historic 2025 Women's World Cup triumph, and chess prodigy Divya Deshmukh are among the nominees for the 2025 BBC Indian Sportswoman of the Year Awards.
Pistol shooting sensation Suruchi Singh and track and field athlete Jyothi Yarraji are the other two nominations for the prestigious annual award for the year 2025.
"Indian Sportswoman of the Year marks a year of sporting brilliance for women across India, and the BBC World Service plays an essential role in showcasing and celebrating those endeavours like no other media provider.
"We're thrilled to give these women a platform to amplify their hard-earned achievements to audiences in India and around the world," Fiona Crack, Interim Global Director, BBC News, said in a release.
Captain courageous
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Kaur, the captain of the Indian women's cricket team, led the country to its maiden ICC Women's World Cup title in November 2025.
Playing on home soil, she led from the front with an 88-ball 89, chasing a tall target of 339 runs in the semi-finals against Australia.
In another World Cup semi-final against the same opponent back in 2017, her innings of 171 not out is still widely regarded as one of the greatest innings in women's cricket.
She has featured in Time magazine's 2023 list of Top 100 Emerging Leaders and BBC's 100 Most Inspiring Women.
Chasing greatness
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Mandhana, the vice-captain of the same team, is already making a claim for a place among the all-time greats of the sport.
The 29-year-old left-hander has the second-highest number of centuries in one-day internationals and the third-highest runs among current players.
Hailing from Sangli city in Maharashtra, Mandhana was inspired by her father and brother, both of whom played cricket at the district level.
In September last year, she made a 50-ball hundred against Australia – the fastest ton by an Indian in the format, breaking Virat Kohli's record.
She has been named the ICC Women's Cricketer of the Year twice, in 2018 and 2021.
New queen of 64 Squares
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A 20-year-old chess prodigy, Deshmukh scripted history last July by becoming the first Indian and the youngest ever champion of the FIDE Women's World Cup. The feat earned her grandmaster status.
In the finals, it was a passing of baton moment as Deshmukh defeated Koneru Humpy, the first Indian woman to become a grandmaster.
Born in Nagpur, Deshmukh started playing chess at the young age of five. Within two years, she became the Under-7 national champion and in 2017, she bagged the World Youth Chess Championship title in the girls' under-12 category.
In 2022, she played a key role in India's bronze-winning team at the Olympiad. Two years later, it was time for bigger glory as she bagged an individual gold and was also part of the team that finished top of the podium.
Guns and glory
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In shooting, Singh emerged as one of the top players by consistently winning medals in international competitions, including ISSF World Cups and World Championships.
Hailing from Haryana, she made headlines in 2024, winning seven gold medals at the National Shooting Championship. Less than a year later, the 19-year-old made her senior international debut, quickly establishing herself on the global stage.
In 2025, she won individual gold medals in the ISSF World Cup series held in Buenos Aires, Lima, and Munich, completing a rare golden treble. In Lima, she secured gold in the mixed team event.
At the Asian Shooting Championship, she won a bronze medal in the women's team event alongside Manu Bhaker and Palak Gulia.
In September, she became the top-ranked woman shooter in the ISSF 10m air pistol category.
Setting the stage ablaze
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As far as Yarraji is concerned, she became the first Indian woman to qualify for the Olympics 100m hurdles in the 2024 Paris Games.
Overcoming hurdles has never been a problem for Yarraji as the 26-year-old was born in a family with limited means – her father worked as a security guard and mother a domestic worker.
In 2022, she broke the national record for the 100m hurdles, clocking 13.23 seconds, and has since surpassed her own record multiple times. She also excelled at the 2022 National Games, claiming multiple gold medals across sprint and hurdle events, and earned bronze at the World University Games and silver at the 2022 Asian Games.
In 2023, Yarraji won gold at the Asian Indoor Athletics Championships in the 60m hurdles and silver at the Asian Athletics Championships, cementing her reputation as Asia's top hurdler.
She also won the 100m hurdles gold medal at the Asian Athletics Championships 2025 in Gumi.
These athletes have been shortlisted by an eminent jury of sports editors, writers and specialists, following an evaluation of performances over the past year.
