‘Reputation can’t be sacrificed’: Delhi Court orders AAP to remove defamatory video against BJP MP Bansuri swaraj

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BJP MP Bansuri Swaraj contended that the video was deliberately manipulated to create a false narrative and expose her to public ridicule. (Image enhanced using AI)Bansuri Swaraj news: A Delhi court on Wednesday asked the Aam Aadmi Party to remove manipulated video of the BJP MP Bansuri Swaraj and restrained party leaders Saurabh Bhardwaj and Ankush Narang, along with the party (AAP), from publishing or circulating allegedly defamatory content against BJP MP Bansuri Swaraj, holding that continued dissemination could cause irreparable damage to her reputation.The order was passed by Principal District and Sessions Judge (South) Gurvinder Pal Singh at Saket Courts while hearing a civil defamation suit filed by Swaraj seeking removal of the content, injunction, damages and a public apology.“The right of reputation of a living individual under Article 21 of the Constitution of India cannot be sacrificed and crucified at the altar of the right of freedom of speech and expression of another andboth have to be harmonised and balanced in as much as no amount of damages can redeem the damage to reputation of any person,” the court said, underlining that reputational harm cannot be adequately compensated by damages.Court’s findings: Prima facie case establishedAfter examining the material, including viewing the video in court, the judge held that Bansuri Swaraj had established a prima facie case.The court noted that the content appeared to distort facts and mislead the public, continued circulation posed a risk of irreparable reputational harm and the balance of convenience lay in favour of the plaintiffIt reiterated that freedom of speech is subject to reasonable restrictions, including defamation.Directions: Take down within 48 hoursThe court directed the defendants to stop publishing or sharing the impugned content, remove existing posts from social media platforms against Bansuri Swaraj and refrain from further dissemination until the next hearing.Story continues below this adIt added that if the order is not complied with within 48 hours, Bansuri Swaraj may approach social media platforms directly with the court’s order for removal of the content.Background: Protest video sparks legal battleThe dispute arises from a video posted on April 19, 2026, following a protest march held a day earlier in Delhi. During the protest, Bansuri Swaraj was detained by police along with Raksha Khadse, union minister of state .According to the suit, a moment during detention where Swaraj held Khadse’s hand was edited and circulated by Bharadwaj with captions suggesting that Swaraj had staged her own detention.Also Read | Swaraj Kaushal dies: Bansuri Swaraj’s emotional post for father — ‘Reunited with mother’The video allegedly misidentified Khadse as a police officer and portrayed the incident in a misleading manner.Story continues below this adThe content was widely shared across Instagram, X (formerly Twitter), and Facebook, and was later repost by Narang and amplified through a press conference by the Aam Aadmi Party on April 21.Plaintiff’s case: ‘Malicious smear campaign’Swaraj contended that the video was deliberately manipulated to create a false narrative and expose her to public ridicule. She argued that the defendants falsely depicted her as staging a detention for political theatrics, thereby damaging her credibility as a public representative.The plea also pointed out that the video included unrelated clips, including that of a minor, in a derogatory manner, aggravating the alleged defamation.Defence: No urgency, content disputedCounsel for Bharadwaj and the party opposed interim relief, arguing that they had limited time to respond after receiving the material late on April 22.Story continues below this adThey questioned the authenticity of the video, suggested it was not ex facie defamatory, and claimed the content was no longer visible on certain platforms.They also argued that granting an injunction at this stage would effectively amount to deciding the case without trial.Next hearingThe defendants have been granted 30 days to file their written statements and 15 days to respond to the interim application.The matter will next be heard on May 13.Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system. Expertise Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including: Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability. Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters. Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights. Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More © IE Online Media Services Pvt Ltd