‘Reputation Can’t Be Sacrificed’: Delhi Court Orders Saurabh Bharadwaj To Take Down ‘Defamatory’ Video On Bansuri Swaraj

The order was passed by Principal District and Sessions Judge Gurvinder Pal Singh while hearing a civil defamation suit filed by Swaraj seeking removal of the content, injunction, damages and a public apology.

After examining the material on record and viewing the impugned video in court, the judge held that Swaraj had established a prima facie case. The court noted that the content appeared to distort facts and mislead the public, adding that its continued circulation posed a risk of “irreparable reputational harm.”

“The right of reputation of a living individual under Article 21… cannot be sacrificed and crucified at the altar of the right of freedom of speech and expression,” the court observed, emphasising that monetary damages cannot adequately compensate for reputational injury.

The court further held that the balance of convenience lay in favour of the plaintiff and reiterated that freedom of speech is subject to reasonable restrictions, including defamation.

Issuing an ad interim injunction, the court directed AAP, Bharadwaj and Narang to immediately cease publishing or circulating the impugned content and to remove existing posts across social media platforms.

The court clarified that failure to comply within 48 hours would entitle Swaraj to approach social media intermediaries directly with the order to secure removal of the content.

The defendants have been granted 30 days to file their written statements and 15 days to respond to the interim application. The matter is scheduled for further hearing on May 13.

The dispute arises from a video circulated on April 19, 2026, following a protest march in Delhi a day earlier, during which Swaraj was detained along with Union Minister of State Raksha Khadse.

According to the suit, the video selectively edited a moment showing Swaraj holding Khadse’s hand and falsely portrayed it as an attempt to stage her own detention. The content allegedly misidentified Khadse as a police officer and was accompanied by captions suggesting political theatrics.

The video was widely shared across platforms including X, Instagram and Facebook, and was later amplified through reposts and a press conference by AAP leaders.

Swaraj contended that the video formed part of a “malicious smear campaign” designed to damage her credibility as a public representative and expose her to public ridicule. She further alleged that the content included unrelated and derogatory clips, aggravating the defamatory impact.

Counsel for the defendants opposed the grant of interim relief, arguing that they had limited time to respond and questioning the authenticity and defamatory nature of the video. It was also contended that the content was no longer available on certain platforms and that granting an injunction at this stage would effectively pre-judge the matter.

However, the court rejected these submissions at the interim stage, holding that continued circulation of the material would cause irreparable harm to Swaraj’s reputation.

The court underscored that the right to free speech does not extend to defaming others and that the protection of reputation is both a fundamental and human right. It also stressed that fair comment must be based on reasonable grounds and a genuine effort to ascertain the truth.

Holding that dignity and social reputation are integral to personal security, the court concluded that interim protection was necessary to prevent further harm pending adjudication of the suit.