HC directs Cong, AAP to remove posts linking Dushyant Kumar Gautam to Ankita Bhandari case
New Delhi (PTI): The Delhi High Court on Wednesday directed the Congress and Aam Aadmi Party to remove within 24 hours social media posts linking BJP leader Dushyant Kumar Gautam to the 2022 Ankita Bhandari murder case.
In an interim order passed on a defamation lawsuit by Gautam, Justice Mini Pushkarna also restrained the two political parties from posting any content targeting the BJP national secretary as the alleged "VIP" in the murder case.
The judge said if the content was not taken down within 24 hours, the social media platforms would remove the same as per the rules.
The court also passed the directions against other persons and entities, including actor Urmila Sanawar and Uttarakhand Pradesh Congress Committee.
"Till the next date of hearing, the following directions are passed: Defendants 1 to 9 (Congress, AAP and others)... are restrained from hosting, uploading, publishing, circulating .. any content which names, targets, or imputes that the plaintiff is the alleged VIP in the Ankita Bhandari matter. Defendants 1 to 9 are directed to remove the various posts and videos uploaded on social media platforms, namely, YouTube, Facebook, Instagram and X," the court ordered.
"In the event the defendants 1 to 9 fail to comply with the directions within 24 hours of pronouncement of this order, defendants 10 to 12 (X, Meta Platforms Inc and Google LLC) are directed to take down the aforesaid posts as per the rules," it further said.
Justice Pushkarna said Gautam had made out a prima facie case in his favour and if the interim order to restrain the hosting of the "defamatory" content was not passed, irreparable injury would be caused to him.
The court asked the social media platforms to also take down any "identical" content once it was flagged by the BJP leader.
In 2022, 19-year-old Bhandari, a receptionist at the Vanantra Resort in Pauri district, was murdered. The resort owner, Pulkit Arya, and two employees, Saurabh Bhaskar and Ankit Gupta were subsequently arrested and sentenced to life imprisonment by a sessions court for the crime.
An audio clip recently released by Sanawar, who claims to be the wife of former MLA Suresh Rathore, allegedly mentioned a 'VIP' allegedly linked to the case.
In his lawsuit, Bhandari has sought Rs 2 crore as damages from the Congress and AAP as well as Sanawar, Rathore, Uttarakhand Predesh Congress Committee and its President Ganesh Godiyal and Congress' national media panellist Alok Sharma.
Relief is also sought against X users Mohit Chauhan and '@PMNehru'.
On Wednesday, the senior counsel appearing for Gautam argued that his "impeccable reputation" of five decades was being tarnished by the Congress, AAP and others by linking him to a murder case in which conviction had already happened after a trial.
Calling it "outright defamation", he emphasised that Gautam's name never came up in the investigation and the defendants' social media posts were damaging his reputation "without an iota of evidence".
The senior counsel further claimed that Sanawar was a "habitual offender" who has many criminal cases against her, and the Congress and AAP propagated her false narrative.
"It is a matter of grave concern that political parties are carrying out press conferences and circulating video clips and defamatory posts without verifying facts and making further malicious allegations in complete absence of any substantial material," the lawsuit said.
The matter would be heard next on May 4.
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MP HC sets up judicial commission to probe water contamination in Indore
Indore (PTI): The Indore bench of Madhya Pradesh High Court on Tuesday set up a commission of inquiry comprising a former HC judge to probe the issue of water contamination in city's Bhagirathpura, saying the matter requires probe by an independent, credible authority and "urgent judicial scrutiny".
It also directed the commission to submit an interim report after four weeks from the date of commencement of proceedings.
A division bench of Justices Vijay Kumar Shukla and Alok Awasthi constituted the commission while hearing several public interest litigations (PILs) filed simultaneously regarding the deaths of several people in Bhagirathpura due to the consumption of contaminated water.
The HC reserved the order after hearing all the parties during the day, and released it late at night.
The state government on Tuesday told the HC that the deaths of 16 people in Indore's Bhagirathpura area was possibly linked to a month-long outbreak of vomiting and diarrhoea caused by contaminated drinking water.
The government presented an audit report of 23 deaths from the current gastroenteritis epidemic in Bhagirathpura before the bench, suggesting that 16 of these fatalities may have been linked to the outbreak of vomiting and diarrhoea caused by contaminated drinking water.
The report, prepared by a committee of five experts from the city's Government Mahatma Gandhi Memorial Medical College, stated that the deaths of four people in Bhagirathpura were unrelated to the outbreak, while no conclusion could be reached regarding the cause of death of three other people in the area.
During the hearing, the high court sought to know from the state government the scientific basis behind its report.
The division bench also expressed surprise at the state government's use of the term "verbal autopsy" in relation to the report, sarcastically stating that it had heard the term for the first time.
The HC expressed concern over the Bhagirathpura case, stating that the situation was "alarming," and noted that cases of people falling ill due to contaminated drinking water have also been reported in Mhow, near Indore.
In its order, the HC said the serious issue concerning contamination of the drinking water supply in Bhagirathpura area allegedly resulted in widespread health hazards to residents, including children and elderly persons.
According to the petitioners and media reports, death toll is about 30 till today, but the report depicts only 16 without any basis or record, it said.
It is averred that sewage mixing, leakage in the pipeline, and failure of civic authorities to maintain potable water standards have led to the outbreak of water-borne diseases. Photographs, medical reports, and complaints submitted to the authorities prima facie indicate a matter requiring urgent judicial scrutiny, the HC said.
"Considering the gravity of the allegation and affecting the right to life under Article 21 of the Constitution of India and the need for an independent fact-finding exercise, the Court is of the opinion that the matter requires investigation by an independent, credible authority," it said.
"Accordingly, we appoint Justice Sushil Kumar Gupta, former judge of the Madhya Pradesh High Court, a one-man commission of inquiry into the issues relating to water contamination in Bhagirathpura, Indore, and its impact on other areas of the city," the HC added.
As per the order, the commission shall inquire into and submit a report on the cause of contamination -- whether the drinking water supplied to Bhagirathpura was contaminated; and the source and nature of contamination (sewage ingress, industrial discharge, pipeline damage etc).
The panel will also probe the number of actual deaths of affected residents on account of contaminated water; find out the nature of disease reported and adequacy of medical response and preventive measures; suggest immediate steps required to ensure safe drinking water as well as long-term infrastructural and monitoring reforms.
It will also identify and fix responsibility upon the officers and officials found prima facie responsible for the Bhagirathpura water contamination incident, and suggest guidelines for compensation to affected residents, particularly vulnerable sections.
The commission shall have powers of a civil court for the purpose of summoning officials and witnesses; calling up records from the government department, hospitals, laboratories and civic bodies; ordering water quality testing through accredited laboratories; conducting spot inspections.
All state authorities involving district administration, Indore Municipal Corporation, public health engineering department and Madhya Pradesh Pollution Control Board shall extend full co-operation and provide records as sought by the commission, it said.
The state government shall provide office space, staff, and logistical support to the commission, it said.
During the hearing in the day, the state government also presented a status report to the court in this matter.
According to reports, a total of 454 patients were admitted to local hospitals during the vomiting and diarrhea outbreak, of whom 441 have been discharged after treatment, and 11 are currently hospitalised.
According to officials, due to a leak in the municipal drinking water pipeline in Bhagirathpura, sewage from a toilet was also mixed in the water.
