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

barandbench.com 4 days ago

X Corp had challenged the order directing take-down of posts alleging that Rajat Sharma used foul language against Congress leader Ragini Nayak.

Rajat Sharma, X
Rajat Sharma, X

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.

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