HP High Court restrains Nahan-based Congress leader from posting against former Speaker Rajiv Bindal
Photo used for indicative purpose only
Shimla, Jan 12,
The Himachal Pradesh High Court has restrained a Nahan-based Congress leader, Kapil Garg alias Monty Garg, from uploading, circulating or publishing any content on social media against former Vidhan Sabha Speaker and BJP state president Dr Rajiv Bindal, during the pendency of a defamation suit filed by the latter.
The interim restraint order was passed by a single bench of Justice Sushil Kukreja on January 9, while deciding an application moved by Dr Bindal under Order 39 Rules 1 and 2 of the Code of Civil Procedure. The application sought a prohibition on what were alleged to be defamatory social media posts made by Garg.
Under the order, the court has barred the defendant from circulating, publishing or posting any articles, news items, messages or material concerning Dr Bindal on Facebook, WhatsApp, Twitter or any other social media or media platforms until further orders.
The civil suit relates to a defamation claim of Rs 1.25 crore filed by Dr Bindal, alleging that Garg had made unfounded and frivolous allegations against him on social media platforms with the intent to malign his reputation and derive political mileage.
According to the pleadings, Dr Bindal specifically objected to posts linking him to alleged irregularities in PPE kit procurement during the Covid-19 pandemic, which he claimed were unverified and malicious.
While granting interim relief, the High Court observed that unsubstantiated allegations on social media can cause serious and irreparable damage to the reputation of a public figure. The bench held that a strong prima facie case had been made out in favour of the plaintiff.
The court further noted that although freedom of speech and expression under Article 19(1)(a) of the Constitution is a fundamental right, it is not absolute and is subject to reasonable restrictions, particularly where the right is exercised in a manner that harms the reputation of others.
Senior advocate Sudhir Thakur, counsel for Dr Bindal, told media agency that the court had heard arguments in the matter on December 17, 2025, following which the interim restraint order was issued. He added that the defamation suit would now proceed for adjudication on merits.
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