Delhi HC reserves order on Raghav Chadha’s interim plea against removal of defamatory content

NEW DELHI: The Delhi High Court on Thursday reserved its order on an interim application filed by Rajya Sabha MP, Raghav Chadha, seeking the removal of allegedly defamatory and manipulated online content portraying that he "sold himself for money” after switching from the AAP to the BJP.

A single-judge Bench of Justice Subramonium Prasad orally observed that, prima facie, the content flagged by Chadha appeared to be criticism of a political decision and did not disclose any violation of personality rights.

“Prima facie, there is no personality right involved in this case. A decision taken by you in a political arena is being criticised,” the Delhi High Court remarked during the hearing.

It further observed that the distinction between criticism and defamation was “quite thin” and indicated that the present matter may not warrant interim injunction on the basis of personality rights.

Justice Prasad orally remarked that while personality rights protect against unauthorised commercial exploitation of an individual’s persona, they do not extend to shielding public figures from critique of their political actions.

Senior advocate Rajiv Nayar, appearing for Chadha, contended that certain posts went beyond criticism and were defamatory in nature, alleging that they falsely portrayed the MP as having “sold himself for money”.

The senior counsel referred to images depicting the Prime Minister showering Chadha with cash and other morphed visuals.

Nayar pressed for interim relief limited to the removal of such content, arguing that the material was profane and damaging to Chadha’s reputation.

However, the Delhi High Court orally remarked that the issue raised may fall within the domain of defamation rather than personality rights.

“It is not a defamation suit. It is a suit on the basis of personality rights,” Justice Prasad said, while suggesting that Chadha may seek amendment of the plaint if he intends to pursue defamation claims.