Dharmasthala Burials : Supreme Court Asks Trial Court To Decide Temple Family's Injunction Plea Against Media Houses Soon

The Supreme Court on Friday (August 8) directed the Bengaluru Civil Court to decide within two weeks from the next date of hearing an application filed by Harshendra Kumar D, the brother of the Dharmasthala Temple Dharmadhikari, seeking to restrain media houses from publishing defamatory content against the temple administration or the family in relation to the Dharmasthala burial cases.

Having regard to the fact that the trial court has been asked by the Karnataka High Court to take a fresh decision on the injunction applications, the Supreme Court declined to pass any such restraint order.

The Court was dealing with the plea filed by Harshendra Kumar D (who is also the Secretary of the Temple Administration), challenging the Karnataka High Court's order which lifted the restraint order on a YouTube channel, by directing the trial court to decide the matter in a time-bound manner.

Senior Advocate Mukul Rohatgi appeared for the petitioner before a bench of Justices Rajesh Bindal and Manmohan. Although Rohatgi requested the bench to pass a restraint order, claiming that the media was running a defamatory campaign even while the investigation was pending, the bench expressed reluctance to do so.

It orally acknowledged that the content being circulated is distasteful and defamatory, but added that gag orders are passed only in extremely rare cases. The bench further said that the petitioner can place all the materials before the trial court and seek appropriate relief (under Order 39 Rules 1 and 2 of CPC).

It was also clarified that the Court has not expressed anything on the merits of the matter and has left it to the trial court to take its own independent decision.

Background

The Karnataka High Court on August 1 quashed the ex-parte gag order passed against the YouTube Channel 'Kudla Rampage' in connection with the Dharmasthala Burial case.

The High Court order came after a local court in Bengaluru gagged various media houses and YouTube channels from publishing any "defamatory content" against plaintiff-Harshendra Kumar D, the brother of Dharmasthala Dharmadhikari Veerendra Heggade, his family members, institutions run by the family and Sri Manjunathaswamy temple, Dharmasthala, following which the channel approached the High Court.

Justice M Nagaprasanna observed that the trial court order did not mention any alleged defamatory content based on which it was passed, adding that the order granted a "mandatory sweeping injunction".

The High Court further said that the order was so broad that it "threatens" any voice against Harshendra Kumar D, the family or even the place Dharmasthala. Setting aside the injunction as against YouTube Channel 'Kudla Rampage', the High Court asked the trial court to decide the matter afresh.

After the High Court's remand, the trial judge who passed the initial injunction recused from hearing, citing that he had studied in a law school run by the temple family. The matter was therefore shifted to another Civil Court.

The petition was filed through AoR Pai Amit.

Case Title: HARSHENDRA KUMAR D Versus KUDLA RAMPAGE AND ORS., Diary No. - 43657/2025