Dharmasthala mass grave case: SC refuses to entertain plea challenging media gag order

Bengaluru, July 23 The Supreme Court on Wednesday refused to entertain a petition challenging the gag order issued by a Bengaluru local court, which directed the media not to publish any defamatory content against the family managing the Sri Manjunatha Swamy temple or the temple itself in connection with the mass grave burial case.

The apex court advised the petitioner to approach the High Court instead.

A division bench comprising Chief Justice of India B.R. Gavai, and Justices K. Vinod Chandran and Joymala Bagchi passed the order, stating that the matter should first be heard by the High Court.

The petition argued that the gag order was issued 'ex parte', without notice or hearing the other side, and was passed within three hours. It further noted that the order affected around 300 media houses and directed the removal of approximately 9,000 links and news stories.

Chief Justice Gavai remarked, “We cannot discourage the High Courts”, while advising the petitioner to seek redress from the Karnataka High Court.

The petition contended that the Bengaluru court’s gag order was a calculated abuse of the judicial process and the result of material misrepresentation by the plaintiffs. It further claimed that the order obstructed a high-level state investigation into allegations of mass burials and serious crimes allegedly linked to the Dharmasthala temple. The petitioner argued that the order amounted to an assault on the freedom of speech and the press.

The petition also alleged that the plaintiffs misrepresented facts before the court by claiming that the FIR in the case contained no allegations against them, their family members, or any of the institutions they run.

The interim gag order in question was issued by the 11th Additional City Civil and Sessions Court in Bengaluru on July 21. It restrained individuals and media outlets from publishing or broadcasting defamatory content against the Dharmasthala temple, its religious head Dr D. Veerendra Heggade, his family members, and institutions managed by the family. The order was issued following a plea filed by D. Harshendra Kumar.

In its ruling, the civil court observed that the case was exceptional, as some individuals and media outlets had allegedly begun spreading false and derogatory statements about the plaintiffs, their family, the Sri Manjunatha Swamy temple, and the associated institutions without any basis.

The order stated: "The defendants are hereby directed, by way of ad-interim mandatory injunction, to delete/de-index all defamatory content and information against the plaintiff, his family members, institutions run by the plaintiff’s family, and Sri Manjunatha Swamy temple, Dharmasthala -- whether in digital or print media -- until further orders."

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