Bengaluru court orders sweeping media gag in Dharmasthala temple burial case

A Bengaluru court has restrained several media houses and YouTube channels from publishing and circulating any defamatory content against Harshendra Kumar D, brother of Dharmasthala Dharmadhikari Veerendra Heggade, in relation to the Dharmasthala temple burial case.

The court was hearing a defamation suit filed by the Secretary of Sri Manjunathaswamy Temple institutions in Dharmasthala, following several reports circulating 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.

"The Court cannot ignore the fact that though the reputation of every citizens is very important, when an allegation is made against the institution, and temple, it affects wider range of people including the employees and students who are studying in various colleges and schools. Therefore, even a single false and defamatory publication would seriously affect the functioning of the institutions," the order stated.

It also passed a mandatory injunction directing the removal or de-indexing of already published defamatory content.

Media outlets across the country have been reporting on the complaint filed by a sanitation worker and the ensuing legal proceedings. In his complaint, the worker stated that he was employed by the Dharmasthala temple but did not name any specific individuals as being involved in a crime. He did, however, allege that supervisors had threatened him and forced him to bury bodies.

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.

Before the court, Kumar alleged that false and defamatory statements were being made online and in the media against him, his family, the temple and its institutions, despite there being no accusations against them in the first information reports (FIRs).

The court was informed that one of the FIRs from 2012 had already led to an acquittal, and another recent FIR made no mention of him or his institutions.

After taking into consideration the arguments, the court emphasised the need to balance the fundamental right to freedom of speech and expression with the rights of individuals who claim to be defamed.

"But, as per the case of the plaintiff, this is an exceptional case wherein some Media and Individuals started making false and defamatory allegations against the plaintiff and his family members and also against Sri Manjunathaswamy Temple along with various Institutions run by it without any basis," the order stated.

The court also issued a John Doe order to cover unknown individuals who may spread defamatory content. The matter will be heard next on August 5.

Advocate S Rajashekar appeared for Kumar.

[Read Order]