Delhi High Court directs takedown of defamatory content against J&K Deputy Chief Minister

The Delhi High Court on Tuesday directed the takedown of defamatory content on social media involving Jammu and Kashmir Deputy Chief Minister Surinder Kumar Choudhary [Surinder Kumar Choudhary v. Google LLC -India Liaison Office and Ors].

Choudhary moved the Court for the removal of social media content that allegedly features him in a phone conversation with a woman containing ‘sexual undertones’.

Justice Amit Bansal stated that a prima facie case was made out in favour of the Deputy Chief Minister and proceeded to direct the takedown of the defamatory content.

Further, the Court allowed Choudhary's application to proceed against the persons who uploaded the defamatory content on social media platforms.

Choudhary moved the Court for the removal of social media content that allegedly features him in a phone conversation with a woman containing ‘sexual undertones’.

Choudhary is a member of the Jammu & Kashmir National Conference (NC). 

In the 2024 elections, he won the Nowshera assembly seat, defeating the then-J&K BJP president. On October 16, 2024 he was sworn in as the Deputy Chief Minister of the Union Territory.

He moved the Court contending that in October, a video started appearing on social media which contained an audio recording with a person who was not his wife. There was a thumbnail with his photo superimposed on it with a clear implication that it was his voice.

Choudhary denied the contents of the audio and stated that it is not his voice and that the videos have been deliberately circulated to destroy his career. 

Senior Advocate Rajiv Nayar appeared for Choudhary and contended "it is very easy to vilify anybody, you can pay anyone."

"It went viral. Media will not know on its own. Someone must have planted it," the judge said.

The Court noted Choudhary's submissions that he has been sincere, honest and upright political leader throughout and achieved the position on his effort.

On the last date of hearing on December 9, the Court had directed Meta and Google to provide details of the content uploaders to Choudhary's lawyers within three days.

Today, the Court was informed that the details of the uploaders have been shared with Choudhary by the social media intermediaies. Thereby, he filed an impleadment application to add the persons who uploaded the defamatory content on social media platforms.

"I am satisfied that the parties are required to be impleaded for proper adjudication. Application allowed. Amended memo of parties taken on record," the Court stated.

The matter will be heard next on April 23.

Senior Advocate Rajiv Nayar with advcocates Suhail Malik, Anubhav Bhasin and Vastav Sharma appeared for the deputy chief minister.