Dharmasthala Mass Burial Case: YouTube Channel Moves Karnataka HC Against Media Gag Order

A YouTuber moved the Karnataka HC against a media gag in the Dharmasthala mass burial case. The HC said the plea must go to the proper court. The trial court's order bars media from publishing defamatory content on the temple. 

Bengaluru: A YouTuber has approached the Karnataka High Court on Friday, July 25, challenging a trial court's interim order that bars media platforms from publishing any ‘defamatory content’ about the family managing the Sri Manjunathaswamy Temple in Dharmasthala, Karnataka, or the temple itself, in connection with the alleged mass burial case. Hearing the petition filed by Kudla Rampage, Justice M Nagaprasanna said it has to go before the jurisdiction court since a detailed injunction order has been passed.

A Bengaluru court had barred media outlets and YouTube channels from sharing, broadcasting, or publishing any material deemed "defamatory" against Harshendra Kumar D—brother of Dharmasthala Dharmadhikari Veerendra Heggade—as well as his family, the institutions they manage, and the Sri Manjunathaswamy Temple in Dharmasthala. 

Advocate A Velan, representing the YouTube Channel, stated that over 300 media outlets and URL links would be blocked based on the court's order. He said that the move was a violation of the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution. "It is a textbook example of an unconstitutional prior restraint that creates a severe and pervasive 'chilling effect" on public interest journalism, effectively silencing any and all scrutiny of powerful institutions," LiveLaw quoted the petitioner as saying.

He urged the Karnataka High Court to nullify the trial court’s order, arguing that it was illegal, arbitrary, and unconstitutional. The plea also requests the Court to prevent the respondents (Dharmasthala temple authorities) from taking any coercive action against the petitioner based on the impugned order. 

The High Court said that the order from the lower court can be challenged, but it has to be done in the right court that has the power to deal with it. The judge then told Velan, “I’ll listen to you, but first you need to prove that this High Court is allowed to hear this kind of case. Also, tell me clearly — what is this order actually stopping?”

Velan’s lawyer replied that some of the other people involved in the case (the ones being stopped from publishing) have already asked the lower court to remove the ban. That hearing is set for July 28. The judge then told Velan, “You can also file a similar request in that court.” The court adjourned the hearing to July 29 at 2.30 pm.

The Supreme Court on Wednesday had refused to entertain a plea by another YouTube channel challenging the gag order, asking the party to first approach the high court.