"Be neutral": Delhi High Court to X Corp for challenging order to remove Congress tweets against Rajat Sharma

The Delhi High Court on Wednesday pulled up social media platform X Corp (Twitter) for contesting a court order directing it to take down posts by Congress leaders alleging that journalist Rajat Sharma used foul language against Congress leader Ragini Nayak on live-television. .A Division Bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela remarked that X Corp is supposed to be a neutral intermediary but its conduct does not show neutrality. “We are a bit concerned about your locus. You are not behaving like an intermediary. You must behave like a neutral platform… We are finding increasingly on the original and the appellate sides that the Domain Name Registrars and intermediaries are refusing to comply with court orders. It is not only a national trend but international. Even Canadian court’s orders have been not complied with," Acting Chief Justice Manmohan remarked. Justice Gedela asked why the intermediary is resisting the order, especially in a case like this where someone's reputation is involved?.Senior Advocate Rajshekhar Rao appeared for X and argued that X does not have any skin in the game but his concern is how the order has been passed.Rao argued that the single-judge ordered X to take down the content in seven days but this is not the case where the defendants (Congress leaders) were not identifiable.“The fact of the matter is that the obligation [to take down the content] is on the person. If it is an ex parte order, I will obviously comply. But I want it to be done in a structured manner,” he said.The senior counsel further stressed that Rajat Sharma’s suit was not served to any of the defendants with the plaintiff arguing that if it is served, the issue will become infructuous.“The Supreme Court recently has said that ex parte injunction is to be granted in exceptional circumstances…There must be some sanctity to process. “Rao added that the single-judge’s order must be considered as ad interim order and he may be allowed to make his submissions on the next date of the hearing when the court considers the interim relief plea again..The Court allowed the request.“It is clarified that the impugned order is an ad interim order and the [interim relief] application shall be taken up by the single-judge for hearing and disposal on the next date of hearing that is July 11,” the Court ordered.A single-judge of the High Court had passed an ex parte order on June 14 directing take down of social media posts and videos by Congress party and its leaders Ragini Nayak, Jairam Ramesh and Pawan Khera alleging that journalist Rajat Sharma abused and used foul language against Nayak on live television.Justice Neena Bansal Krishna said that the Congress leaders had over-sensationalised the incident and there was a false depiction of facts.The Court held that irreparable loss would be caused to Sharma if the content is allowed to remain on social media platforms..Sharma has sued Nayak, Khera and Ramesh for defamation and sought ₹100 crore in damages.Several social media handles had posted a video clip of a discussion on India TV (the news channel owned by Sharma) on the day of the Lok Sabha election results claiming that Sharma used foul language against Congress spokesperson Ragini Nayak.On June 10, Nayak posted the video on X and said that in the video, Sharma can be heard using foul language against her. She then filed a police complaint against Sharma as well.Later, on June 11, Sharma said that the Congress party’s media cell ran a false campaign claiming that he used foul language and that this was a conspiracy.