Dharmasthala Burial Case : YouTube Channel Approaches Supreme Court Challenging Order To Delete 'Defamatory' Content Against Temple Family

A special leave petition has been filed before the Supreme Court challenging the Bengaluru Court ex-parte interim order which restrained various media houses and YouTube channels from publishing any "defamatory content" against the family running the Sri Manjunathaswamy temple, Dharmasthala(Karnataka) and also the temple in relation to the "Dharmasthala Burial" case

To recap, the case arises out of registration of an FIR based on the complaint of a sanitation worker, who claimed that he was instructed to bury the bodies of women and children between 1995 and 2014 in Dharmasthala village.

The petitioner - Third Eye YouTube channel - claims that the Bengaluru Court order was obtained through a "calculated abuse of judicial process" and "material misrepresentation" by plaintiffs, including Harshendra Kumar D (the brother of Dharmasthala temple Dharmadhikari).

It is further asserted that the impugned order directly obstructs a high-level state investigation into allegations of mass burial and serious crimes linked to the Dharmasthala temple. "It is a frontal assault on the freedom of speech and press", the plea states.

The petitioner claims that the plaintiffs misrepresented before the Bengaluru court that the FIR in the mass burials case had "no allegation against the plaintiff, his family members or any of the institutions". It highlights that the FIR incorporated the two complaints, which implicated the temple administration and named the plaintiffs.

It further points out that the plaintiffs mentioned 8842 specific URLs for deletion, but the Bengaluru court passed a "sweeping gag order" and mandatory deletion directive merely hours after the plaint was filed.

"The ex-parte injunction is an unconstitutional prior restraint, demanding immediate deletion of content and prohibiting future reporting, thereby directing impeding a state-mandated criminal investigation. It attempts to silence the very media that has actively facilitated the emergence of new, crucial evidence in a matter of grave public interest. Such an order weaponized the judicial process to suppress truth and accountability, allowing powerful individuals to evade public scrutiny behind a veil of judicial protection."

The Bengaluru Court passed the order on July 18 in a suit filed by Harshendra Kumar D, the brother of Dharmasthala Dharmadhikari Veerendra Heggade. The Addl. City Civil & Sessions Judge(X), Bangalore issued an injunction order restraining the publishing, circulating, forwarding, uploading, transmitting and telecasting any defamatory content and information against Harshendra, his family members, institutions run by the family of the plaintiff and Sri Manjunathaswamy temple, Dharmastala, either in digital media, including YouTube channels, all social media, or print media of any kind, until the next hearing.

The Court also passed a "John Doe" order directing to delete/de-index all the defamatory contents and information against the plaintiff, his family members, institutions run by the family of the plaintiff and Sri Manjunathaswamy temple, Dharmastala.

The Special Leave Petition has been filed through AoR A Velan.

Case Title: Third Eye YouTube Channel v. Sri Harshendra Kumar D & Ors.