Delhi High Court Orders Removal Of Samajwadi Party Media Cell's Tweet Against Amit Malviya Accusing Him Of Sexual Misconduct

The Delhi High Court on Friday ordered removal and take down of a tweet posted by Samajwadi Party's Media Cell on X Corp, formerly Twitter, accusing BJP IT Cell head Amit Malviya of sexual misconduct.

The order was passed by Justice Vikas Mahajan.

Malviya was represented by Senior Advocate Arvind Nayar who pressed for an interim order directing take down of the impugned content.

The suit has been filed through Advocate Surjendu Sankar Das.

The controversy arose in the wake of gang rape of a 12-year-old minor girl last month in Ayodhya. Her medical examination later revealed that she was pregnant.

On August 03, Akhilesh Yadav, the President of Samadwadi Party, had tweeted that justice should be done by getting DNA tests done of all the accused persons.

Same day, Malviya, in response to the post, tweeted that one of the accused was leader of Samajwadi Party and questioned Yadav as to what will be proved with the DNA test.

It is Malviya's case that his tweet was made in recognition of the grave nature of the assault, reflecting the national outrage and the urgent need for action.

In response to Malviya's post, Samajwadi Party's Media Cell posted the impugned tweet on August 03, accusing that top leaders of BJP including Prime Minister Narendra Modi and UP Chief Minister Aditya Yoginath, including Malviya, had clicked pictures with “rapists.” The post also accused Malviya of sexual misconduct.

Malviya, in his suit, has said that the impugned post was made with an intent to personally attack him and that the allegations made were defamatory, serious and offensive.

He has said that the allegations are fatally injurious to his dignity and reputation, particularly given his status as a public figure due to his professional profile.

“The statements, which are scandalous, fabricated, and reckless, have been widely published, circulated, and read by the public at large, significantly diminishing the Plaintiff's reputation,” the suit states.

Title: AMIT MALVIYA v. SAMAJWADI PARTY MEDIA CELL & ORS.

Citation: 2024 LiveLaw (Del) 914