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HC orders removal of defamatory posts against Om Birla's daughter

Last updated on: July 23, 2024 21:56 IST

The Delhi high court on Tuesday directed X Corp and Google Inc to remove alleged objectionable social media posts against Indian Railway Personnel Service (IRPS) officer and Lok Sabha Speaker Om Birla's daughter Anjali Birla.

IMAGE: Police personnel stand outside Delhi high court. Image used only for representation. Photograph: Shrikant Singh/ANI Photo

Justice Navin Chawla, in an interim order, also restrained unknown parties from directly or indirectly posting, circulating, communicating, tweeting or retweeting the alleged defamatory content mentioned by Anjali Birla in her defamation suit.

The high court, which said Birla has been able to make out a prima facie case in her favour, added the social media posts shall be removed by the intermediaries within 24 hours, and in case the plaintiff comes to know of any other similar posts, she shall inform X and Google about it.

 

"Having considered the contents of the suit and having heard the counsel for plaintiff, I am of the opinion that the plaintiff has been able to make out a prima facie case in her favour. Balance of convenience is also in favour of the plaintiff and against the defendants," Justice Chawla said.

The court was of the opinion that the social media posts Birla had complained about did not appear to have been made after due verification.

"The plaintiff was appointed to IRPS in 2021. The purpose of posting the impugned social media posts in 2024 and in the language they have been posted do not appear to be bona fide," it noted.

The officer has sought directions to take down social media posts which have alleged that she cleared the Union Public Service Commission (UPSC) exam and became an IAS officer in her very first attempt because of her father's influence.

Her counsel submitted that Birla had appeared for the UPSC, Civil Services Exam (CSE), and she was selected in the consolidated reserve list of 2019. She joined Indian Railways as an IRPS officer.

During the hearing, senior advocate Rajiv Nayar, representing Anjali Birla, contended that the social media tweets are per se defamatory and incorrect and have been made in a reckless manner only to tarnish the reputation of the plaintiff and they cannot be allowed to continue to be in circulation.

He contended that similar allegations had surfaced against her in 2021, but on a complaint by the officer, were investigated by several media houses and later the controversy died down.

"After three years, this social media campaign has again started which not only defames her but also her family, including her father who is a political figure and holds a constitutional post.

"I became an officer in 2021 but now suddenly these things have come up again because of the NEET and UPSC exams controversy. The social media posts make it feel as if we are all part of this. My (plaintiff) private pictures are being posted online saying I am a model," the counsel said, adding she has also lodged a complaint with the cyber crime department.

She has arrayed X Corp, Google, Union Ministry of Electronics and Information Technology and unknown persons (John Doe) as parties to the suit.

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