Ankita Bhandari case: HC directs Cong, AAP to delete posts on Dushyant Gautam

The Delhi High Court on Wednesday, 7 January, directed the Congress and Aam Aadmi Party (AAP) to take down within 24 hours all social media content that links BJP national secretary Dushyant Kumar Gautam to the 2022 murder of Ankita Bhandari, holding that the posts appeared to be defamatory and unsupported by the criminal record of the case.

Passing an interim order on a defamation suit filed by Gautam, Justice Mini Pushkarna restrained the two Opposition parties and other defendants from publishing or circulating any material portraying the BJP leader as the alleged “VIP” purportedly connected to the crime.

The court warned that failure to comply within the stipulated 24-hour period would trigger takedown action by social media intermediaries under existing IT rules.

The restraint order also applies to several other individuals and entities, including actor Urmila Sanawar and the Uttarakhand Pradesh Congress Committee.

“Till the next date of hearing, the following directions are passed: Defendants 1 to 9 (Congress, AAP and others) are restrained from hosting, uploading, publishing or circulating any content which names, targets, or imputes that the plaintiff is the alleged VIP in the Ankita Bhandari matter,” the court said. The defendants were further directed to remove existing posts and videos from YouTube, Facebook, Instagram and X.

The judge added that if the defendants failed to act within 24 hours, the platforms themselves — X, Meta Platforms Inc, and Google LLC — would be required to take down the content in accordance with the law.

Justice Pushkarna noted that Gautam had established a prima facie case in his favour, observing that continued circulation of the allegations would cause him irreparable reputational harm. The court also directed platforms to remove any identical or substantially similar content once it is flagged by the BJP leader.

In September 2022, 19-year-old Ankita Bhandari, who worked as a receptionist at the Vanantra Resort, was murdered. The case sparked widespread outrage in Uttarakhand amid allegations of political protection for the accused.

After Ankita was reported missing on 18 September, a large-scale search operation was launched by the Uttarakhand Police and disaster response teams. Her body was recovered six days later from the Cheela canal, part of the Ganga canal system near Rishikesh, following intensive searches using divers and specialised equipment.

Investigators said Ankita had been pushed into the canal, a finding later upheld by forensic and trial evidence. The discovery of her body intensified public outrage, with protests erupting across Uttarakhand demanding swift justice and accountability.

The case was further engulfed in controversy after authorities demolished parts of the Vanantra Resort using bulldozers within days of the murder, citing illegal construction. Critics, Oopposition parties and the victim’s family alleged that the demolition may have led to the destruction of potential evidence, including the crime scene and CCTV footage, and accused the administration of acting hastily to shield influential individuals.

The state government rejected the allegations, asserting that all necessary forensic evidence had already been secured and that the demolition was carried out strictly in accordance with law. However, the episode deepened public suspicion and became central to political attacks surrounding the case, particularly claims — later unsubstantiated in court — about the involvement of a powerful “VIP”.

Following a trial, resort owner Pulkit Arya, son of locally influential BJP leader Vinod Arya, and two employees — Saurabh Bhaskar and Ankit Gupta — were convicted and sentenced to life imprisonment by a sessions court. No court proceedings or charge sheets named any “VIP” figure as an accused or suspect.

The renewed controversy followed the circulation of an audio clip released by Sanawar, who claims to be the wife of former BJP MLA Suresh Rathore. The clip alludes to the involvement of an unnamed “VIP” and/or someone referred to as 'Gattu', claims subsequently amplified by Congress and AAP leaders through press conferences and social media posts.

The political fallout widened further on Tuesday, 6 January after Uttarakhand chief minister Pushkar Singh Dhami publicly backed Gautam, saying the BJP leader was not present in Uttarakhand at the time of Ankita’s murder. Addressing a press conference, the chief minister said police verification had established that Gautam did not travel to the state between 10 and 20 September 2022.

“Based solely on a name mentioned in an audio clip, a conspiracy was hatched to spoil the atmosphere of the state,” Dhami said, adding that Gautam had been named during a press conference held in Delhi despite there being no material linking him to the crime.

Earlier, Gautam — who also serves as the BJP’s organisational in-charge for Uttarakhand — had lodged a police complaint at Dalanwala police station against Rathore and actor Sanawar, accusing them of defamation. In his complaint, Gautam alleged that Rathore and Sanawar were acting in concert with Opposition parties to malign him by falsely linking him to the murder case.

However, in a parallel development, the Uttarakhand High Court granted interim protection from arrest to Rathore in connection with the defamation FIR, providing him temporary relief even as the broader political and legal battle continued.

In his lawsuit, Gautam has sought Rs 2 crore in damages from the Congress, AAP, Sanawar, Rathore, the Uttarakhand Pradesh Congress Committee, its president Ganesh Godiyal, and Congress national media panellist Alok Sharma. Relief has also been sought against X users Mohit Chauhan and @PMNehru.

Appearing for Gautam, senior counsel told the court that his client’s “impeccable reputation of over five decades” was being deliberately damaged by what he described as a coordinated political campaign.

Calling the allegations “outright defamation”, the counsel stressed that Gautam’s name did not figure anywhere in the investigation, trial records or judgment. He further claimed that Sanawar was a “habitual offender” with multiple criminal cases and that Opposition parties had propagated her claims without verification.

“It is a matter of grave concern that political parties are holding press conferences and circulating video clips and defamatory posts without verifying facts, and making malicious allegations in complete absence of any substantial material,” the plaint said.

The matter is listed for further hearing on 4 May.

With PTI inputs