NEW DELHI: The Delhi HC on Tuesday observed that politicians must be prepared to face criticism, while stressing that courts need to draw a line between satire and defamation. Justice Amit Bansal made the remarks while hearing a plea filed by BJP leader and senior advocate Gaurav Bhatia, who sought the removal of alleged defamatory social media posts linked to his recent television appearance.
The controversy began earlier this month when Bhatia took part in a TV debate and was reportedly shown on camera wearing a kurta “without any pants/pyjama.” His counsel clarified that he had been wearing shorts and that the cameraman had inadvertently displayed the lower half of his body.
Arguing that the incident triggered a wave of “objectionable” online posts, Bhatia’s counsel said such remarks intruded upon his privacy. “It was an invasion of my (Bhatia’s) privacy. I was sitting in the privacy of my home. Such photos, first of all, may not be circulated without my consent,” he submitted.
Justice Bansal, however, noted that the image emerged during a public interview, not from within Bhatia’s residence. “You have the interview; they did not barge into your home,” the judge remarked, adding that courts must tread carefully before granting ex parte injunctions. “We have to be very careful. The SC has said that you should not pass ex parte orders in such cases,” he said.
At the same time, the court emphasised the need to ensure that harmful or obscene content is removed. “When you’re in politics, you’ve to be thick-skinned. We’ll have to cull out what’s satirical and what’s defamatory. Obscene comments must be taken down,” Justice Bansal said. The matter will be heard next on September 25.