Partly allowed

Dev Ashish Bhatacharya v. Rachna Gupta

Himachal Pradesh HC12 Dec 2023LPA/18/2020

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh modified an interim injunction order that had restrained the appellant from posting any statement against the respondent on social media. The court balanced rights under Article 19, limiting the restraint to defamatory, scandalous, untrue, or unverified statements.

What did the court decide?

The interim injunction order was modified to restrain the defendant only from posting defamatory, scandalous, untrue and/or unverified statements on social media.

Dev Ashish Bhatacharya Vs Rachna Gupta — Civil Procedure and Limitation | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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LPA No. 18 of 2020

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Date of Decision: December 12, 2023

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Dev Ashish Bhatacharya …Appellant.

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Versus

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Dr. Rachna Gupta .Respondent.

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Coram:

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The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. The Hon’ble Mr. Justice Sandeep Sharma, Judge.

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Whether approved for reporting?¹ For the Appellant: Mr.Sanjeev Bhushan, Senior Advocate, alongwith Mr.Rajesh Kumar, Advocate. For the Respondent: Mr.Neeraj Gupta, Senior Advocate, alongwith M/s Mr.Ajeet Pal Singh Jaswal, Advocate and Vedhant Ranta, Advocates.

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Vivek Singh Thakur, J (Oral)

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This appeal has been preferred by the appellantdefendant against interim injunction order dated 03.01.2020, passed in OMP No.574 of 2019 in COMS No.20 of 2019, titled as Dr.Rachna Gupta vs. Dev Ashish Bhattacharya. The operative portion of the impugned order is as under:-

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“19. In these circumstances, taking into consideration the above mentioned circumstances, the application is allowed and the non-applicant (defendant) is restrained from posting or publishing any statement of any nature, against the applicant, her husband and her family members on facebook or on any other social media, including print or

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1 Whether reporters of the local papers may be allowed to see the judgment?

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electronic media, till the disposal of the main suit. Accordingly, the application is disposed of.”

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The main ground for assailing the impugned order is that appellant-defendant has been restrained from posting or publishing “any statement of any nature” against the respondent-plaintiff, her husband and her family members. It has been contended that such blanket gag order is not permissible under law.

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The passing of aforesaid injunction order against the appellant-defendant has been justified by learned counsel for the respondent-plaintiff by referring documents filed with the plaint as well as with application CMP No.18474 of 2023 in this appeal. 4. Taking into consideration averments in the pleadings, documents placed on record, case law referred in impugned order and submissions made by learned counsel for the parties and also balancing the rights and reasonable restriction with reference to Article 19 of the Constitution of India, interim injunction order is modified as under:-

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“Taking into consideration the facts and circumstances, the non-applicant (defendant) is restrained from posting or publishing any defamatory, scandalous, untrue and/or unverified statement, directly or indirectly, against the applicant/plaintiff, her husband and her family members on facebook or on any other social media, including print or electronic media, till the disposal of the main suit.”

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Appeal is disposed of in aforesaid terms, so also

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pending application(s), if any.

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(Vivek Singh Thakur), Judge.

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(Sandeep Sharma), Judge.

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December 12, 2023 (Purohit)

Dev Ashish Bhatacharya v. Rachna Gupta

Case brief

What is this about?

What did the court decide?

Dev Ashish Bhatacharya v. Rachna Gupta

Case brief

What is this about?

What did the court decide?

What the court decided

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