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Full Breakdown

Delhi High Court Orders Removal of Defamatory Podcast Remarks Involving BJP MP

By Drooid · · How we work

In this breakdown

01

Core Legal Action

The Delhi High Court issued an interim order directing former finance secretary Subhash Chandra Garg to block or mute a specific remark made in a podcast that BJP MP Nishikant Dubey claims is defamatory. The court also summoned Mahua Moitra, a Trinamool Congress MP, after her counsel indicated she would delete related posts on the social-media platform X. Dubey’s suit seeks a permanent injunction preventing further alleged defamation, an apology, and damages of INR2 crore.

02

Background of the Dispute

The contested podcast was recorded on September 17 and later circulated on YouTube, Facebook and other digital platforms. On September 21, Dubey served a legal notice on Garg demanding immediate withdrawal and retraction of the alleged defamatory statements. The notice preceded the filing of the defamation suit in the Delhi High Court.

Visual evidence

'Cannot call anybody by that name': HC directs ex-finance secretary to mute podcast remarks against BJP MP Nishikant Dubey
'Cannot call anybody by that name': HC directs ex-finance secretary to mute podcast remarks against BJP MP Nishikant DubeyPhoto: indiatimes
'Cannot call anybody by that name': HC directs ex-finance secretary to mute podcast remarks against BJP MP Nishikant Dubey
'Cannot call anybody by that name': HC directs ex-finance secretary to mute podcast remarks against BJP MP Nishikant DubeyPhoto: indiatimes

03

Court’s Observations and Directions

Justice Tushar Rao Gedela noted that both Dubey and Garg are “persons of repute” but emphasized that Garg should not have used an “intemperate” or “derogatory” term in the podcast. The judge instructed that the specific “blackmailing” word be cut out and that the parties refrain from further dissemination of the contentious segment while the case proceeds. Both Garg and Moitra were ordered to file written replies to the court’s summons.

04

Positions of the Parties

  • Nishikant Dubey alleges that Garg made false and malicious imputations against him during the September 17 interview and is pursuing an apology and monetary compensation.
  • Garg’s counsel argued that an interim injunction is unwarranted because no aggravating circumstances exist and more than a month has elapsed since the podcast’s release; the counsel pledged to contact the podcast host to mute the disputed phrase.
  • Mahua Moitra’s counsel confirmed that Moitra will remove her X post describing Dubey as a “fake-degree kism ke aadmi,” while retaining the right to discuss the broader issue.

05

Next Steps

The High Court has asked Garg and Moitra to submit their replies, after which it will determine whether a permanent injunction and the claimed damages are warranted. The matter remains pending further judicial review.