The Delhi High Court on Tuesday refused to order the immediate removal of online posts allegedly carrying defamatory content about Jammu and Kashmir Deputy Chief Minister Surinder Kumar Choudhary, after Meta objected to the request, citing that the individuals who uploaded the content had not been made parties to the suit.
Justice Amit Bansal, while hearing Choudhary’s plea, directed Meta to furnish details of the uploaders within three days and asked the Jammu & Kashmir National Conference (JKNC) leader to serve a copy of the suit to those individuals before the court considers takedown directions.
Choudhary’s counsel, senior advocate Rajiv Nayyar, sought immediate removal of the posts—allegedly featuring Choudhary in a phone conversation with a woman containing sexual undertones—arguing that the material was fabricated and continued to inflict reputational harm. He urged the court to direct takedown without waiting for the uploaders to be heard.
Meta’s counsel objected, claiming that Choudhary was seeking relief solely against the platform without impleading the people who uploaded the disputed content. Meta also pointed out that the video had been circulating since May 2023.
Responding to the arguments, the court shortened the timeline for Meta to share details, directing that information be handed over in three days instead of a week. Justice Bansal clarified that if the individuals failed to appear despite being served, the court would proceed to pass appropriate orders.
“You get them, and we will pass orders. If they do not come, we will pass an order. I don’t know the person who has… In all these matters, if the identity of the parties is known, you will have to serve them. Your face has been there for one year; you’ve woken up now. Let them come. You serve them, we will pass an order,” Justice Bansal told counsel for Choudhary.
The order was passed on Choudhary’s application seeking advancement of the hearing date, arguing that the continued presence of the content caused “colossal damage” to his reputation. The court had earlier fixed January 13 as the next date of hearing, but the matter will now be taken up on December 16.
