The Karnataka High Court on Friday quashed the media gag imposed by a Bengaluru civil court on YouTube channel Kudla Rampage regarding its reportage on the Dharmasthala mass burial case.
Justice M Nagaprasanna allowed a petition by YouTube channel Kudla Rampage challenging the order that restrained media houses, YouTube channels etc from publishing 'defamatory content' against the family running the Dharmasthala Temple. The order stated,
"The impugned ex parte order dated 18-07-2025 passed by the X Additional City Civil and Sessions Judge, Bengaluru on I.A.Nos.I and 2 in O.S.No.5185 of 2025 stands quashed qua defendant No.66/petitioner herein."
Criticising the trial court, the High Court stated,
"The impugned order, quoted hereinabove, while ostensibly couched as an interim measure, in truth and effect, partakes the character of a final determination. The concerned Court, at the threshold and without the benefit of adversarial hearing, has ventured to grant a sweeping mandatory injunction, a relief which ordinarily ought to await the culmination of the trial."
It stated that the lower court ought to have recorded reasons for granting an injunction without hearing the opposite parties.
"The impugned order though spanning multiple pages, conspicuously lacks the foundational reason required for grant of such extraordinary relief. Mere volume cannot substitute judicial evaluation; nor can length masquerade legal necessity."
It also said that orders against unknown defendants (John Doe or Ashok Kumar orders) must be passed with great care and judicious foresight.
"The order has now cast its net so wide that it threatens to ensnare any voice against the plaintiff, the family or the place. This could not have been issued on bereft of reasons. The order speaks of prohibition of defamatory statements. Not one word of what kind of statements are defamatory for the Court to pass the aforequoted order is found in the order."
Harshendra Kumar D, brother of Dharmasthala Dharmadhikari Veerendra Heggade, had moved the trial court after several news reports emerged containing allegations made by a sanitation worker claiming that he had buried several bodies in Dharmasthala.
Citing the potential for irreparable harm and reputational damage, X Additional City Civil & Sessions Judge Vijaya Kumar Rai restrained the defendants and unknown persons from posting or sharing any defamatory material across digital, social or print media until the next hearing.
In his defamation suit filed in the wake of these reports, Kumar had submitted a list of 8,842 links, which include 4,140 YouTube videos, 932 Facebook posts, 3,584 Instagram posts, 108 news articles, 37 Reddit posts, and 41 tweets to the court. Kudla Rampage then moved the High Court challenging this order.
Advocate A Velan appeared for Kudla Rampage.
Senior Advocate Udaya Holla represented Harshendra Kumar.
[Read order]