Delhi High Court - Orders
Gaurav Bhatia vs Samajwadi Party Media Cell And Ors on 29 May, 2026
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 679/2025 & CCP(O) 41/2026 & I.A. No. 10325/2026
GAURAV BHATIA .....Plaintiff
Through: Mr. Gaurav Bhatia, Sr. Adv. with Ms.
Simran Brar, Mr. Raghav Awasthi,
Mr. Neelmani Guha and Ms. Ruhi
Ansari, Advs.
versus
SAMAJWADI PARTY MEDIA CELL AND ORS. .....Defendants
Through: Mr. Apar Gupta with Ms. Indumugi C.,
Ms. Avanti Deshpande and Mr. Naman
Kumar, Advocates for defendant no. 2.
(M): 9657419861
Email: [email protected]
Ms. Vrinda Grover, Mr. Nakul Gandhi,
Mr. Gurdeep Singh, Mr. Soutik
Banerjee, Ms. Siddhi Sahoo and Ms.
Devika Tulsiani, Advs. for D-5
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 29.05.2026 This Case is being taken up today as 28th May, 2026 was declared as a holiday on account of 'Id-ul-Zuha (Bakrid)'.
I.A. 10325/20261. The present application has been filed on behalf of the plaintiff under Order XXXIX Rule 2A read with Section 151 of the Code of Civil Procedure, 1908 ("CPC"), seeking action against defendant no. 5 for wilful disobedience of order dated 25th September, 2025 passed by this Court and Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/06/2026 at 22:05:28 for directions restraining further breach thereof.
2. This Court notes the submission made by learned Senior Counsel, plaintiff in person, that vide order dated 25th September, 2025, while this Court declined to grant a blanket ex-parte injunction, it was expressly recorded that attacking the dignity of a person using obscene and sexually suggestive language cannot be permitted under the right of free speech. In this regard, reference may be made to para 36(d) of the order dated 25 th September, 2025, which reads as under:
"xxx xxx xxx
36. Accordingly, till the next date of hearing, an ad interim injunction is granted in favour of the plaintiff in the following terms:
xxx xxx xxx d. The defendants are restrained from posting, circulating or publishing any content qua the plaintiff which is explicit, obscene or sexually suggestive in nature on any online or offline platform. xxx xxx xxx"
(Emphasis Supplied)
3. Reading of the aforesaid direction makes it manifest that there is a clear, categorical and binding direction upon all the defendants in the suit, including, upon defendant no. 5, which continues to operate as on date. Therefore, no social media post can be made by any party, including, by defendant no. 5, which violates the spirit of the aforesaid categorical direction.
4. This Court notes the submission made by learned counsel appearing for defendant no. 5 that the defendant no. 5 is yet to be served formally in the present suit, and that she has appeared on the basis of knowledge about the pendency of the present suit from a co-counsel. The aforesaid submissions are vehemently opposed by the plaintiff, who appears in person.
5. Be that as it may, without going into the issue as regards the service Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/06/2026 at 22:05:28 upon defendant no. 5 at this stage, perusal of the post/video dated 19th December, 2025 uploaded by the defendant no. 5, on a prima facie basis, shows that the same is explicit and sexually suggestive in nature, and is in the teeth of the directions passed made by this Court in its order dated 25th September, 2025. Further, this Court is of the view that prejudice and injury shall be caused to the plaintiff, if such post is allowed to continue, as the dignity and reputation of the plaintiff is directly involved, the plaintiff being a practising Senior Advocate and a respectable Member of the Bar. The continued accessibility of the post dated 19th December, 2025, will adversely impact the plaintiff, as well as, his dignity and honour. Further, balance of convenience also lies in favour of the plaintiff, as the plaintiff has a right to preserve and safeguard his dignity and respectability.
6. Accordingly, after hearing the arguments, this Court is of the view that the plaintiff has established a prima facie case in his favour and that the balance of convenience also lies in favour of the plaintiff.
7. Furthermore, this Court is of the considered view that prejudice and injury shall be caused to the plaintiff if the social media post dated 19th December, 2025, is allowed to continue any further.
8. Accordingly, till the next date of hearing, it is directed that the social media post dated 19th December, 2025, shall be removed by the defendant no. 5 from all platforms, including, Instagram, X, etc., forthwith.
9. List for hearing of CCP(O) 41/2026, I.A. 10325/2026 and I.A. 23950/2025 on 10th August, 2026.
MINI PUSHKARNA, J MAY 29, 2026/KR Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/06/2026 at 22:05:28