Dharmasthala Burial Case: Karnataka Court Gags Media From Circulating 'Defamatory' Content Against Temple, Dharmadhikari's Brother
A Bengaluru court has in an ex-parte interim order restrained various media houses and YouTube channels from publishing, circulating and telecasting any "defamatory content" and information against Harshendra Kumar D–brother of Dharmasthala Dharmadhikari Veerendra Heggade, his family members, institutions run by the family and Sri Manjunathaswamy temple, Dharmasthala.
The court in its interim order has restrained the various entities from publishing any allegedly defamatory content in either print, digital or social media till the next hearing on August 5.
The court further has directed the defendant entities to delete/de-index all the "defamatory content and information" against the plaintiff, his kin, institutions run by the family and the temple from digital or print media until further orders.
The plaintiff–Harshendra Kumar D, had approached the court after an FIR had been registered based on a complaint filed by a sanitation worker, who claimed that he was instructed to bury the bodies of women and children between 1995 and 2014.
The plaintiff in his suit argued that in respect of a criminal incident of rape and murder taken place on 09.10.2012 allegations were made against the plaintiff and his family members and Institutions for which plaintiff is a Secretary.
It was argued that the investigation against one Santhosh Rao was handed over to CBI and charge sheet was filed against him. After the trial the accused came to be acquitted by the trial court which was confirmed by the High Court. Moreover, the entire allegations made against the plaintiff, institutions and his family members were proved to be false by investigation conducted by the CBI, he said.
He claimed that subsequently an FIR was registered–Crime No.39/2025, based on the complaint filed by a sanitation worker who worked under the Village Panchayath and pursuant to the registration of this FIR, "false, baseless, reckless and defamatory allegations" were made against the plaintiff, his family members, the institutions under their charge and the temple also.
Thus it was said though there is no allegation against the plaintiff and his family members in the FIR or in the investigation so far made, the defendants are making defamatory and false allegations without any basis and such allegations are seriously affecting the reputation of the plaintiff, his family members and also the temple.
It was argued that there are more than 75 thousand employees under the plaintiff and the institutions for which he is a Secretary. It is further stated that more than 45 thousand students are studying in various schools and colleges administered by the Society in which the plaintiff is a Secretary.
“The Court cannot ignore the fact that though the reputation of every citizen is very important, when an allegation is made against the institution, and temple, it affects a wider range of people including the employees and students who are studying in various colleges and schools. Therefore, even a single false and defamatory publication would seriously affect the functioning of the institutions,” the court said.
The court also observed that the defamatory statements in question were made without any basis.
"If the defendants are allowed to make such defamatory statements, the damage likely to be caused to the plaintiff, temple and the institutions cannot be quantified. Even if the suit is decreed or an order of injunction is passed after hearing the defendants, the damage likely to be caused in the interregnum period cannot be compensated in any way," it added.
Finding a prima facie case was made out in favour of the plaintiff the court passed the order against 338 respondents.