Respect Court and Lokpal: Delhi HC Tells Nishikant Dubey in Mahua Moitra’s Plea over X Posts
The Delhi High Court, on Thursday, heard the interlocutory application filed by Trinamool Congress (TMC) leader Mahua Moitra against Bharatiya Janata Party (BJP) Member of Parliament Nishikant Dubey and Advocate Jai Anant Dehadrai over alleged defamatory social media posts. The court observed that both parties were making public allegations despite the matter being sub judice. The court directed Dubey to “please respect the court of law and the Lokpal” during proceedings.
Advocate for Moitra submitted that the application concerned defamatory content published on the social media platform X (formerly Twitter). Advocate for Moitra specifically referred to a one-line tweet by Dehadrai that included a screenshot of Dubey’s Facebook post, which alleged financial misconduct by Moitra in relation to her foreign travel and bank accounts.
Dubey’s Facebook post stated: “This is a very dangerous game, madam (Mahua Moitra). Greetings to you. I have just received urgent information — the Lokpal has referred your case to the CBI. They have registered a case regarding all your foreign accounts, travels, and expenses incurred during those trips. Keep abusing my party, and keep showing the country your working style. Since the complaint to the Lokpal was mine, and just yesterday you labelled me as loyalist, today, as soon as I received this letter, I felt that God is with me”.
Advocate for Moitra also stated that she had written to the Lokpal about this post, and in its reply, the Lokpal had denied issuing any such communication. Advocate for Moitra argued that the post was prima facie defamatory and requested the court to direct its removal.
On the other hand, counsel appearing for Nishikant Dubey justified the post by referring to a letter that allegedly formed its basis. However, the counsel admitted he did not possess the letter in court and requested time to obtain instructions. He further submitted that the Lokpal had passed a detailed judgment and claimed that all statements made in the post were based on that judgment. He stated that the CBI had conducted an inquiry and found damning allegations, which, according to him, justified the tweet.
The bench of Justice Manmeet Pritam Singh Arora asked Dubey’s counsel to demonstrate how the statements in the tweet were reflected in the Lokpal order. Upon review, the court observed that the social media statements were not supported by the official order.
The court remarked that the document placed before the court did not prima facie support the allegations made online. He questioned the existence of the letter that the defendants had relied upon and noted that even the Lokpal had denied issuing any such intimation.
The court, noting that defamatory posts were being made by the parties despite the case being pending in court, further directed Dubey to "Please respect the court of law and the Lokpal".
The counsel appearing for Dubey also submitted before the court that Mahua Moitra had made defamatory statements against Dubey on social media platforms. In response, the court advised him to approach Facebook, which, as per its internal protocols, would take down such content if necessary.
The counsel informed the court that Mahua did not refer to him directly but referred to him as a "pitbull of the BJP" on multiple occasions over the years. He argued that while Moitra engaged in public confrontation, he was being targeted merely for mentioning foreign accounts. His counsel stated, “This person has been calling me a pitbull of the BJP for years. She can get into a slug fest. But I am put in the spotlight for referring to foreign accounts”.
Consequently, the court directed that the social media post in question be deactivated for the time being. Dubey’s counsel sought a passover to obtain further instructions. When the matter was called again later, the counsel informed the court that he had not been able to get instructions and requested one more day. The court listed the matter for hearing the following day, May 9 2025.
Background:
BJP MP Nishikant Dubey had accused Mahua Moitra of asking questions in the Lok Sabha to target the Adani Group at the behest of businessman Darshan Hiranandani, in exchange for gifts. The Ethics Committee in a 500-page report deemed her actions unethical, and she was thereafter suspended from the Lok Sabha.
The court, in an order dated March 4, 2024, dismissed the suit of Mahua Moitra seeking an injunction against BJP MP Nishikant Dubey and Advocate Jai Anant Dehadrai against the publication of defamatory statements against her, citing a lack of evidence to substantiate a prima facie case of an interim injunction.
On April 8, 2024, the court, in Jai Dehadrai's defamation suit, opined that Mahua Moitra (Trinamool Congress leader) retains the right to defend herself in the public sphere against allegations made by Dehadrai. However, the following day, the court also cautioned Moitra from making derogatory statements on social media platforms.
The bench of Justice Prateek Jalan emphasized that calling someone a lunatic is clearly libelous and therefore, Moitra must be careful. The court further added that if Dehadrai persists with false statements, he will also face consequences.
Case Title: Mahua Moitra v Nishikant Dubey and Ors (I.A. 20781/2023)
The impugned screenshot was posted by Advocate Jai Anant Dehadrai with the Caption- "Bombshell development in Lokpal case by Dr Nishikant Dubey MP".