Delhi HC directs CJP leaders to remove posts targeting BJP’s Gaurav Bhatia

New Delhi: The Delhi High Court on Thursday directed the co-convenors of the Cockroach Janta Party (CJP), Saurav Das and Ashutosh Ranka, to remove certain allegedly objectionable social media posts targeting BJP national spokesperson and senior advocate Gaurav Bhatia.

Justice Tushar Rao Gedela issued the direction while hearing a defamation suit filed by Bhatia. The court observed that while young people have the right to express themselves, their statements should be verified and conveyed in an appropriate manner.

“There are different ways of protesting. Do you really need to go to this? You are all youngsters. You may have your own anxiety. You may want to express certain things..but saying certain things, putting certain things without verifying, may not be correct,” the court told lawyers representing the CJP leaders.

“There is a lot of anxiety around these days, right? But there are different ways of expressing. You can express these things, you are the youth, you are the next generation. You have a right to express but sometimes the expressions need to be put a more articulate manner; a manner which expresses your intent and goes the right way,” it further said.

Counsel for Das and Ranka assured the court that the posts in question would be removed within 24 hours.

Bhatia, who appeared in person, declined the court’s suggestion to refer the dispute to mediation. He urged the court to restrain the defendants from publishing any further defamatory posts on the issue.

As lawyers for the CJP leaders clarified that they were not giving an undertaking against publishing further posts, Justice Gedela said Bhatia would be free to approach the court again if he had any grievance.

The case relates to tweets posted by the CJP and its leaders that allegedly amplified a graphic containing a quote falsely attributed to Bhatia.

Das had subsequently deleted his September 5 post, saying it was “AI-generated”, but Bhatia sought an unqualified apology.

During Thursday’s hearing, the CJP leaders’ counsel informed the court that the post in question had already been deleted.

“But then there is something else that you put,” the judge responded.

Justice Gedela then asked the lawyers representing Das and Ranka to take instructions on removing the other posts that remained available. He said he “understands” the situation as everyone had “passed through the same age”.

“Nobody has become 60 suddenly. You go through the age that you have gone through, correct? It's not that Mr Gaurav Bhatia has not gone through this age,” the judge remarked.

Bhatia, however, maintained that he had never published a “false picture”.

The court told Bhatia that there were other ways of dealing with the matter instead of approaching the court and suggested that he could have contacted the CJP leaders directly.

Bhatia argued that Das and Ranka had a significant number of social media followers and that their repeated posts targeting him amounted to “aggravated defamation”.

He submitted that Das had posted another allegedly objectionable tweet on X even after the court took up the matter for hearing and his counsel was asked to seek instructions. Bhatia described the post as saying, “Such people don't deserve any leniency”.

The court said it was not closing the issue of interim relief at this stage and had sought the defendants’ stand.

“We are not saying that we are finishing your application. We are providing them an opportunity and, in the meanwhile, we have told them to take down [the posts],” Justice Gedela told Bhatia.

The court issued summons to Das, Ranka, the CJP and its founder Abhijeet Dipke in connection with the defamation suit.

During the hearing, the court orally observed that there appeared to be no material against Dipke in the defamation plea.

The court also allowed Bhatia to approach X and Meta Platforms if there were other posts containing the allegedly fabricated graphic.

In his lawsuit, Bhatia alleged that the CJP leaders had demonstrated a “consistent propensity to target individuals” through social media posts that malign them.

“The defendant no 1 & 2 [Mr. Das and Mr. Ranka] did not merely engage in criticism, comment or disagreement with any statement actually made by the plaintiff. Rather, defendant no 1 & 2 falsely represented to the public that the plaintiff had made statements, which, in fact, he had never made,” the plea said.

The lawsuit further alleged that the CJP and its leaders consistently made comments that lowered the dignity and authority of the judiciary.

Bhatia’s suit has sought a permanent injunction against the CJP and its leaders.

The CJP, which began as an online campaign, had spearheaded an agitation over the NEET paper leak issue at Jantar Mantar.