The Delhi HC directed J&K Dy CM Surinder Kumar Choudhary to implead news platforms and uploaders in his defamation suit over a fabricated audio clip. The court said no takedown order can be issued without hearing the original publishers.
The Delhi High Court on Tuesday directed Jammu and Kashmir Deputy Chief Minister Surinder Kumar Choudhary to implead the news platforms and uploaders responsible for circulating the disputed material, before the Court can consider any order to take down the allegedly defamatory content.
Justice Amit Bansal made the observation while hearing Choudhary's request for urgent removal of posts and videos showing what he claims is a fabricated audio clip with "sexual undertones." The Court stated that no direction can be issued against the content without hearing the entities that originally published or disseminated it.
Background of the Lawsuit
Choudhary, a National Conference leader who won the Nowshera assembly seat and took oath as Deputy Chief Minister in October 2024, has filed a defamation suit alleging that the circulating audio is fake and malicious. He submitted that the content has severely harmed his public standing.
Arguments and Court Observations
During the hearing, Senior Advocate Rajiv Nayar argued that Choudhary is suffering "colossal damage" each day as his face continues to appear on objectionable posts across platforms. However, counsel for the social media intermediaries pointed out that many of the videos appear to originate from local news channels, not anonymous users.
The Court remarked that some of the videos date back to 2023 and questioned why the issue was raised only now. It added that the news channels may defend the accuracy of their content, making their presence in the case essential. "If the news channels come and say this is correct, then what?" Justice Bansal asked.
Court Directives
Though Nayar requested an interim injunction at least against other uploaders for the time being, the Court reiterated that impleading them would allow a proper adjudication. The Bench then directed social media companies to provide complete details of the uploaders within three days.
Allowing Choudhary's request for an early hearing, the Court advanced the matter to December 16, 2025, from the original date of January 13, 2026. It further directed the plaintiff to take necessary steps to implead and serve notices on the uploaders.
Choudhary has maintained throughout the proceedings that the posts on Facebook, YouTube and other platforms are defamatory, fabricated and intended to damage his reputation.
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