Defamation: Court orders AAP to remove videos targeting Bansuri Swaraj

A Delhi court directed the AAP and Saurabh Bharadwaj to remove defamatory videos about BJP MP Bansuri Swaraj, finding a prima facie case and stating that continued publication would cause irreparable harm to her reputation.

A Delhi court has directed Aam Aadmi Party, its leader Saurabh Bharadwaj and others to take down and stop circulating allegedly defamatory videos targeting BJP MP Bansuri Swaraj, holding that continued publication would cause irreparable harm to her reputation.

The order was passed by Principal District & Sessions Judge (South) Gurvinder Pal Singh at Saket Courts after hearing submissions from Swaraj's legal team led by advocate Siddhesh Kotwal, along with Manya Hasija and Ana Upadhyay. The court found that Swaraj had made out a prima facie case and restrained the defendants, including the Aam Aadmi Party, from publishing, reposting or disseminating the impugned material on any platform. The court further directed that the content be taken down within 48 hours, failing which Swaraj would be at liberty to approach social media platforms directly with the court's order to ensure compliance. The matter has been listed for further hearing on May 13, 2026.

The Defamation Dispute

The dispute arises from a video posted on April 19, 2026, in connection with a BJP protest march, which allegedly misrepresented Swaraj's conduct during her detention. According to the suit, the video falsely suggested that she staged the incident and wrongly identified Union Minister Raksha Khadse as a police officer, thereby creating a misleading narrative. Swaraj argued that the video was deliberately edited with captions, overlays and commentary to ridicule her and damage her public image. The content was subsequently reshared by other defendants and amplified through a press conference, significantly expanding its reach on social media.

Court's Observation on Right to Reputation

In its order, the court underscored that the right to reputation forms part of the right to life under Article 21 of the Constitution and cannot be undermined by unrestrained speech. It observed that allowing the content to remain online would lead to serious and irreversible harm, and that monetary damages would not be an adequate remedy. The court also held that the balance of convenience lay in favour of granting interim protection.

Escalating Political Tensions

The case comes amid escalating political tensions between the BJP and the AAP in April 2026, with Bansuri Swaraj and Saurabh Bharadwaj emerging as key opposing figures. In recent developments, Swaraj has taken an assertive political stance, including participating in a protest march towards the residence of Rahul Gandhi, where she was detained by Delhi Police. She has also been actively advocating for the implementation of the Women's Reservation Bill, calling for 33% reservation for women in legislatures. At the same time, she has accused the AAP of running a "malicious propaganda campaign" against institutions, including the judiciary, further intensifying the political confrontation between the two parties.

(ANI)

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